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december 2007

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.

Mohd. Akram Ansari vs Chief Election Officer & Ors · Niyam