SC dismisses petition challenging election of Haroon Yusuf

New Delhi, Dec 4 (UNI) The Supreme Court today dismissed a petition challenging the election of Delhi Transport Minister Haroon Yusuf from Ballimaran Assembly Constituency on the grounds that he was holding an office of profit on the date of filing of his nomination in 2003.

A bench comprising Justices A K Mathur and Markandey Katju dismissed the petition after hearing both the parties and did not accept the contention of petitioner Naved Khan that the post of chairman of the Delhi Wakf Board was an office of profit and Mr Yusuf was the chairman of the board on December 1, 2003, when the elections for the constituency were held.

The Delhi Wakf Act was later amended in 2006 and the office of chairman of Delhi Wakf Board was taken out from the list of office of profit. The apex court upheld the judgement of the Delhi High Court dismissing the petitioner's petition.

The Minister was represented by Goodwill Indeever.

The Delhi Assembly had passed the amendment and introduced Section 31 A in the principal Wakf Act through the Wakf board (Delhi Amendment) Bill 2006 on March 8, 2006. The apex court in its judgement held that in view of the amendment coupled with the fact that the amendment had not been challenged, it could not be held that the respondent was holding an office of profit on the day of filing of his nomination papers and was therefore, disqualified from contesting the election.

UNI