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december 2007

Supreme Court of India · 2007-12-04

MOHD.AKRAM ANSARI vs CHIEF ELECTION OFFICER ORS.

Citation / case number
SC 2006/24630
Court
Supreme Court of India
Petitioner
MOHD.AKRAM ANSARI
Respondent
CHIEF ELECTION OFFICER ORS.
Author
MARKANDEY KATJU A. K. MATHUR
Bench
MARKANDEY KATJU A. K. MATHUR

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 membership of the Legislative Assembly of NCT of Delhi for the offices of Chairperson or Members of the Waqf Board. The Court clarified that the phrase 'shall be deemed never to have been disqualified' indicates the retrospective application of the amendment. Consequently, the appeals challenging the election of Haroon Yusuf were dismissed, affirming his eligibility to contest the elections despite the timing of the amendment.

MOHD.AKRAM ANSARI vs CHIEF ELECTION OFFICER ORS. · Niyam