Section 22 of The Waqf Act, 1995
No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect in the constitution thereof.
Summary
- Decisions made by the Board remain valid even if a seat is currently empty.
- A mistake or defect in how the Board was formed does not stop its work from being legal.
- The law ensures that Board business can continue during transitions.
- Ongoing legal cases or Board actions cannot be cancelled just because of a vacancy.
Practical examples
FAQ
1. Can an empty seat stop a Board meeting under Section 22 of the Waqf Act?
No, Section 22 of the Waqf Act, 1995, says no act or proceeding is invalid just because there is a vacancy.
2. What if there was a mistake in forming the Board under the Waqf Act?
According to Section 22 of the Waqf Act, 1995, a defect in the constitution of the Board does not make its proceedings invalid.
3. Does Section 22 protect the Board from legal challenges based on vacancies?
Yes, Section 22 of the Waqf Act, 1995, prevents someone from arguing that a Board decision is invalid solely because of an empty seat.
Test yourself
Q1.Under Section 22 of the Waqf Act, 1995, what happens to a Board decision if one member seat is vacant?
Q2.If there is a "defect in the constitution" of the Board, Section 22 of the Waqf Act, 1995, says:
Q3.According to Section 22 of the Waqf Act, 1995, who is protected if a member dies before a vote?
Q4.Based on Section 21 and Section 22 of the Waqf Act, 1995, what can we conclude about the Board?