Bengaluru: The Karnataka government has informed the High Court that it has withdrawn its August 30, 2023 order, which had authorised the State Waqf Board and its officers to issue marriage certificates to Muslim applicants.
A division bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha recorded the submission, noting:
“The Additional Government Advocate has handed over a memo enclosing a Government Order withdrawing the one impugned in the present petition. Thus, the relief sought by the petitioner does not survive, and the petition is accordingly disposed of.”
The now-withdrawn order had been under judicial scrutiny following a public interest litigation (PIL) filed by A. Alam Pasha, who contended that the Waqf Board had no statutory authority to issue marriage certificates.
The High Court had earlier, on November 21, 2024, kept the order in abeyance, observing that it appeared to exceed the powers conferred on the Waqf Board under the Waqf Act, 1995.
In its interim observations, the bench had said:
“It is difficult to perceive that marriage certificates issued by the Waqf Board or its officers, without any legal authority, could be used as valid documents for official purposes.”
The court further noted that Section 32 of the Waqf Act did not empower the Waqf Board or its officers to issue such certificates.
“Issuing marriage certificates is neither connected with nor incidental to the administration of Waqf properties, for which the Board has been constituted,” the court observed.
Rejecting the state’s earlier justification that the move was meant to “facilitate the community” and reduce procedural difficulties, the bench said such reasoning could not override statutory limits.
“Prima facie, the impugned order is beyond the powers of the Waqf Board and amounts to a usurpation of authority not available under law,” the court had remarked.
With the government’s latest decision, the controversy surrounding the Waqf Board’s power to issue marriage certificates now stands resolved.




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