Supreme Court of India · 2007-12-04
Mohd. Akram Ansari vs Chief Election Officer & Ors
- Citation / case number
- AIR 2008 SC (SUPP) 1247
- Court
- Supreme Court of India
- Petitioner
- Mohd. Akram Ansari
- Respondent
- Chief Election Officer & Ors
- Bench
- A. K. Mathur, Markandey Katju
Judgment text excerpt
The Supreme Court held that Section 31A of the Wakf Act, 1995, as amended by The Wakf (Delhi Amendment) Act, 2006, is retrospective in nature, thereby preventing disqualification for the office of Chairperson or Members of the Waqf Board for elections held prior to the amendment. The Court clarified that the phrase 'shall be deemed never to have been disqualified' creates a legal fiction that applies retrospectively. Consequently, the appeals against the Delhi High Court's judgment were dismissed, affirming the election of Haroon Yusuf.