24 May 2024 Administrative Law >> Constitution & Law Procedure  

A Delhi resident's attempt to challenge the appointment of the Delhi Waqf Board Administrator has hit a roadblock. The Court dismissed the writ petition filed against Respondent No.2, citing a prior opportunity for the Petitioner to address their concerns through the proper channels.

The crux of the Court's decision lies in the Petitioner's prior actions. An earlier writ petition (W.P.(C) 3293/2024) with similar arguments was withdrawn after the Court suggested the Petitioner approach the Tribunal under the Waqf Act, the appropriate forum for challenging specific actions of the Administrator.

The Court deemed this current petition an abuse of legal process. It pointed out that the Petitioner had already been advised on the proper course of action and that specific grievances regarding the Administrator's decisions should be addressed through the Waqf Board or the Tribunal. Additionally, the Court found no evidence to question Respondent No.2's qualifications for the Administrator role. Notably, the demolition mentioned in the petition should be challenged directly, not by seeking the Administrator's removal.

The Court viewed the petition as a publicity stunt rather than a genuine legal challenge. The dismissal included a Rs. 10,000 fine to be deposited with the Armed Forces Battle Casualties Welfare Fund within four weeks.