Improper tribunal composition rendered the Waqf Tribunal order without jurisdiction and a nullity.

An order passed by a Waqf Tribunal not constituted in the manner required by amended Section 83(4) of the Waqf Act, 1995 was treated as without jurisdiction. The provision requires a Tribunal to comprise a Chairman and two members, and the Act contains no saving clause to validate proceedings of an improperly constituted Tribunal. As a statutory tribunal, it must act strictly within the composition mandated by the statute; proceedings taken by an invalidly constituted tribunal lack lawful authority. The impugned order was therefore held to be coram non judice and a nullity, and was set aside.

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Issues: Whether an order passed by a Waqf Tribunal constituted only by a Chairman and one member, contrary to the statutory requirement of three persons, is without jurisdiction and liable to be set aside.

Analysis: The amended Section 83(4) of the Waqf Act, 1995 requires the Tribunal to consist of three persons, namely a Chairman and two members. The Act does not contain any saving provision comparable to Section 22 for the Board of Auqaf to validate proceedings of an improperly constituted Tribunal. As a statutory tribunal, it must function strictly in conformity with the composition mandated by the statute, and any proceeding taken by an invalidly constituted tribunal lacks lawful authority.

Conclusion: The impugned order was held to be without jurisdiction, coram non judice and a nullity, and was set aside in favour of the petitioner.

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