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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Service & Administrative LawSupreme Court of India

The State of Maharashtra vs Shaikh Mahemud & Anr.

Civil AppealDecided 6 Apr 2022
Civil Appeal No. 2784 of 2022
Hemant Gupta · V. Ramasubramanian

Background

In 2019, the Maharashtra government nominated Shaikh Mahemud as a Member of the Maharashtra State Board of Waqfs for a five-year term under Section 14 of the Waqf Act, 1995. In March 2022, the government issued a fresh notification cancelling that appointment without giving any reasons. Shaikh Mahemud challenged the cancellation before the Bombay High Court, which set it aside as arbitrary, holding that his five-year statutory term could not be curtailed except through disqualification or removal proceedings under the Act. The State then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that while Section 15 of the Waqf Act prescribes a five-year term, this applies differently to nominated members (appointed by government choice under clauses (c), (d), (e) of Section 14(1)) versus elected members. Since the government's power to appoint necessarily includes the power to cancel that appointment, and since Section 20 (dealing with removal for cause) applies only to removal, not to cancellation of a nomination, the government was entitled to cancel the nomination without following removal procedure. The Court also found no factual basis for the High Court's conclusion that the cancellation was arbitrary. The appeal was allowed and the High Court's order was set aside, meaning the cancellation of appointment stands.

Lesson Learnt

A government's power to nominate someone to a statutory post generally carries with it the power to withdraw that nomination, and such nominated appointments are not automatically protected by a fixed statutory term the way elected posts might be.

The State of Maharashtra vs Shaikh Mahemud & Anr. – Legal Case Shots | LegalAware