Services of Khazi is an optional one - choice of bride and bridegroom - he has no judicial functions - he can issue marriage certificates before whom the marriages performed - he is not for fee - he is appointed by Govt. directly under Khazi Act - Wakf board has no business to interfere with the functions of Khazi - Hence the circular is in valid = The A.P. State Wakf Board rep. by its Chief Executive Officer Razzak Manzil Haj House Nampally, Hyderabad Hafiz Syed Saleem Basha and another = published in http://judis.nic.in/judis_andhra/qrydispfree.aspx?filename=7897

Services of Khazi are an optional one - choice of bride and bridegroom - he has no judicial functions - he can issue marriage certificates before whom the marriages performed - he is not for fee - he is appointed by Govt. directly under Khazi Act - Wakf board has no business to interfere with the functions of Khazi - Hence the circular is in valid =

 A Circular issued by the Andhra Pradesh State Wakf Board (for short, "the
Board") vide its No.9/Qazat/2000 dated 30-11-2002 determining the fee payable to
the Kazis/Naib Kazis for performance of a marriage and requiring Kazis to obtain
marriage booklets, shianamas and registers from the Inspector Auditors, A.P.
State Wakf Board of the respective Districts for a sum of 510/- for ten
marriages, =
 No doubt, the provisions aforementioned invest the Government with the
power to appoint a Kazi and the Kazi in turn to appoint a Naib Kazi, but the Act
neither confers any legal right on Kazi nor does it cast any duty on him.  A
glance at the provisions of the Act leaves no room for doubt that appointment of
a Kazi/Naib Kazi is not an employment and to put it precisely it is a simple
empowerment to perform marriages.  =
The Act does not guarantee any clientele to a
Kazi, and on the contrary it leaves to the discretion of the bride/bridegroom to
choose anybody as their Kazi and from any place, immaterial whether he is
appointed as a Kazi by the Government or not. 
 It is not part of marriage to pay
any fee to the Kazi and under the provisions of the Act, one who needs services
of a Kazi is free to choose a Kazi of his choice and there is no mandate from
the Act to pay him the fee.  =
Coming to the challenge thrown to the Circular requiring the Kazi to
purchase marriage booklets, we do not find any power traceable to the provisions
of the Act, rightly so because the Act does not confer any legal right on him by
such appointment and does not mandate performance of marriages by him alone.  
More so, as stated above, the Act leaves the parties free to make a choice of a
Kazi, and it is only the nikkanama (the deed of nikka) which is recognized to be
the only legally valid document.  =

 the Wakf Act was primarily
concerned with administration of wakfs and the matters connected therewith or
incidental thereto. 
 Obviously, impugned Circular regulating Kazis and their
functioning was beyond the scope of the Wakf Boards constituted under the Wakf 
Act and thereby the Circular of the Board mandating the Kazis to purchase
marriage booklets, shianamas and registers from Inspector Auditors of A.P. State
Wakf Board is clearly beyond the scope of the Wakf Board constituted under the
Wakf Act.  Thus, we rule that the impugned Circular insofar as it determines
payment of fee of Kazi for performance of marriages and making it obligatory
upon the Kazi to purchase marriage booklet from the Wakf Board is not
sustainable in law.

THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON HON'BLE SRI                
WRIT APPEAL No.70 of 2011  

30-04-2011

The A.P. State Wakf Board rep. by its Chief Executive Officer Razzak Manzil Haj
House Nampally, Hyderabad  

Hafiz Syed Saleem Basha and another

COUNSEL FOR APPELLANT: Mr. M.A.K. Mukheed        

COUNSEL FOR RESPONDENT No.1: Mr. P. Veera Reddy        
COUNSEL FOR RESPONDENT No.2:   -      

:JUDGMENT: (per the Hon'ble the Chief Justice Shri Nisar Ahmad Kakru)

1.      A Circular issued by the Andhra Pradesh State Wakf Board (for short, "the
Board") vide its No.9/Qazat/2000 dated 30-11-2002 determining the fee payable to
the Kazis/Naib Kazis for performance of a marriage and requiring Kazis to obtain
marriage booklets, shianamas and registers from the Inspector Auditors, A.P.
State Wakf Board of the respective Districts for a sum of 510/- for ten
marriages, came to be questioned by medium of a Writ Petition No.634 of 2005 and
the Writ Petition succeeded on the strength of a Division Bench judgment of this
Court in Qazi Syed Abdullah Mohammadi and others v. State of Andhra Pradesh1,  
the relevant paragraph whereof may be noticed.
        "For the reasons mentioned above, and in view of the above conclusions as
arrived at, we hold that under the provisions of the Act, no power is conferred
either on the State Government or even on the A.P. Wakf Board to deal with, fix
or meddle with or otherwise the fee structure in respect of duties or functions
of Kazis or Naib Kazis."

2.      Fixation of fee being in utter disregard to the above said judgment of the
Division Bench, we record our concurrence with the impugned judgment of learned
single Judge.  While doing so, we would like to add to the reasoning that
supports the view taken by the Division Bench of this Court.
3.      The authoritative commentaries of Ameer Ali's Mohommedan Law, Fifth 
Edition, traces the genesis of the Kazis Act, as follows:
        "In the Hedaya, Book XX the principal powers and duties of Kazi have been
stated at some length.  
Kazi was chiefly a Judicial Officer.  
He was appointed
by the State and may be said to have corresponded to a Judge or Magistrate. 
 In
addition to his functions under the Muhammadan Law, the Kazi in this country,
before the advent of British rule, appeared to have performed certain other
duties, partly of a secular and partly of a religious nature.
On the
introduction of the British rule, Judges and Magistrate took the place of Kazis,
and the Kazi in his judicial capacity disappeared, but the British Government,
though no longer recognizing the judicial functions of the Kazi, did not abolish
the office. 
By certain Regulations the appointment of Kazi-ul-Kuzzat and Kazis
by the State was provided for, and the performance of their non-judicial duties
was recognized by law.
 In 1864 by Act 11 of that year all the Regulations
relating to the appointments of Kazis by Government and the duties to be
discharged by them were repealed.  Act 11 of 1864, however, raised a difficulty
of a sort which was not anticipated at the time it was passed. 
 To remove the
difficulties being faced by Muslim Community by Kazis Bill was introduced in the
Legislature."

4.      While enacting the Kazis Act, 1880 (for short, 'the Act') the statement of
objects and reasons therein clearly reflect that the said Act "confers no legal
rights or duties on Kazis and simply in order to satisfy the wants of the
Muhammadan community, provides for appointment of Kazis by Government, leaving   
the position and duties of Kazis, whatever they may be as they now are, and to
prevent any misapprehension on this point, a saving clause has been added to the
effect that 
nothing in the Bill confers any judicial or other powers on a kazi,
or makes his presence necessary at any marriage or other ceremony at which his presence is not now necessary." 
5.      The Select Committee which had examined the Bill, preceeding the Kazis
Act, also recorded that the "result of the Bill as it now stands will be that
there will be a Kazi appointed by the Government for those who choose to avail
themselves of the services, but that those who prefer to employ any other so
called Kazi will be at liberty to do so."
6.      It would be appropriate to reproduce the Kazis Act, 1880 (for short, 'the
Act').
        An Act for the appointment of persons to the office of Kazi.
        Whereas by the preamble to Act No.11 of 1864.
An Act to repeal the law
relating to the offices of Hindu and Muhammadan Law officers and to the offices
of Kazi-ul-Kuzaat and of Kazi, and to abolish the former offices it was among
other things declared that it was inexpedient that the appointment of the Kazi-
ul-Kuzaat, or of City, Town or Pargana Kazis should be made by the Government,
and by the same Act the enactments relating to the appointment by Government of 
the said officers were repealed; and whereas by the usage of the Muhammadan 
community in some parts of India the presence of Kazis appointed by the
Government is required at the celebration of marriages and the performance of
certain other rites and ceremonies, and it is therefore expedient that the
Government should again be empowered to appoint persons to the office of Kazi;
It is hereby enacted as follows:

        1. Short title.-
This Act may be called The Kazis Act,1880;

          Local extent.- 
It extends, in the first instance, only to the
territories administered by the Governor of Fort St. George in Council.  But the
Government of any other State may, from time to time, by notification in the
Official Gazette, extend it to the whole or any part of the territories under
its administration.

        2.  Power to appoint Kazis for any local area.-
Wherever it appears to the
State Government that any considerable number of the Muhammadans resident in any   
local area desire that one or more Kazis should be appointed for such local
area, the State Government may, if it thinks fit, after consulting the principal
Muhammadan residents of such local area, select one or more fit persons and
appoint him or them to be Kazis for such local area.

        If any question arises whether any person has been rightly appointed Kazi
under this section, the decision thereof by the State Government shall be
conclusive.

        The State Government may, if it thinks fit, suspend or remove any Kazi
appointed under this section who is guilty of any misconduct in the execution of
his office, or who is for a continuous period of six months absent from the
local area for which he is appointed, or leaves such local area for the purpose
of residing elsewhere, or is declared an insolvent, or desires to be discharged
from the office, or who refuses or becomes in the opinion of the State
Government unfit, or personally incapable, to discharge the duties of the
office.

        3.  Naib Kazis.- 

Any Kazi appointed under this Act may appoint one or more
persons as his naib or naibs to act in his place in all or any of the matters
appertaining to his office throughout the whole or in any portion of the local
area for which he is appointed, and may suspend or remove any naib so appointed.

        When any Kazi is suspended or removed under section 2, his naib or naibs
(if any) shall be deemed to be suspended or removed, as the case may be.

        4. Nothing in Act to confer judicial or administrative powers; or to
render the presence of Kazi necessary; or to prevent any one acting as Kazi.-

Nothing herein contained, and no appointment made hereunder, shall be deemed- 

(a) to confer any judicial or administrative powers on any Kazi or Naib Kazi
appointed hereunder; or
(b) to render the presence of a Kazi or Naib Kazi necessary at the celebration
of any marriage or the performance of any rite or ceremony; or
(c) to prevent any person discharging any of the functions of a Kazi."

7.      The preamble, report of the Select Committee and the Objects of the Bill
as well as the provisions of the Act quoted above make it manifest that it is
entirely for the persons relevant to the ceremony to avail the services of the
Kazi appointed by the Government or even the one who has no appointment to his 
credit to act as Kazi.
8.      No doubt, the provisions aforementioned invest the Government with the
power to appoint a Kazi and the Kazi in turn to appoint a Naib Kazi, but the Act
neither confers any legal right on Kazi nor does it cast any duty on him.  A
glance at the provisions of the Act leaves no room for doubt that appointment of
a Kazi/Naib Kazi is not an employment and to put it precisely it is a simple
empowerment to perform marriages.  
The Act does not guarantee any clientele to a
Kazi, and on the contrary it leaves to the discretion of the bride/bridegroom to
choose anybody as their Kazi and from any place, immaterial whether he is
appointed as a Kazi by the Government or not. 
 It is not part of marriage to pay
any fee to the Kazi and under the provisions of the Act, one who needs services
of a Kazi is free to choose a Kazi of his choice and there is no mandate from
the Act to pay him the fee.  
The learned Senior Counsel for the appellant has
not joined the issue in respect of the legal position that the Act does not
mandate payment of fee to a Kazi/Naib Kazi.
Examining from any angle, fixation
of fee of a Kazi by the Government is absolutely contrary to the provisions of
the Act and without any power.
9.      Coming to the challenge thrown to the Circular requiring the Kazi to
purchase marriage booklets, we do not find any power traceable to the provisions
of the Act, rightly so because the Act does not confer any legal right on him by
such appointment and does not mandate performance of marriages by him alone. 
More so, as stated above, the Act leaves the parties free to make a choice of a
Kazi, and it is only the nikkanama (the deed of nikka) which is recognized to be
the only legally valid document. 
10.   The objects and reasons for enactment
of Wakf Act 1995 as well as earlier Wakf Act, 1954 (now repealed by 1995 Act)
were to set up Wakf Boards with power of superintendence and control over the
management of individual wakfs.
Thus it emerges that the Wakf Act was primarily
concerned with administration of wakfs and the matters connected therewith or
incidental thereto. 
 Obviously, impugned Circular regulating Kazis and their
functioning was beyond the scope of the Wakf Boards constituted under the Wakf 
Act and thereby the Circular of the Board mandating the Kazis to purchase
marriage booklets, shianamas and registers from Inspector Auditors of A.P. State
Wakf Board is clearly beyond the scope of the Wakf Board constituted under the
Wakf Act.  Thus, we rule that the impugned Circular insofar as it determines
payment of fee of Kazi for performance of marriages and making it obligatory
upon the Kazi to purchase marriage booklet from the Wakf Board is not
sustainable in law.
11.     The writ appeal is accordingly dismissed.  No costs.

?1 2011 (1) ALD 116 (DB)

Kazi =1) the scope of powers and functions of a Kazi, in the context of marriage between muslims; and 2) compliance with the procedural requirements, while terminating the appointment of the petitioner. The institution of Kazi, at one point of time, occupied a very pivotal position, in the administration of Muslim Law. He was conferred with adjudicatory and administrative powers, and endowed with religious duties and functions. With the advent of British rule of India, the adjudicatory powers of Kazi came to be restricted, and appointment of Kazis was provided for, under the Kazis Act 1880. The following paragraph of the statement of objects and reasons of that Act, would summarise the nature of the powers of a Kazi, that existed earlier thereto. "Under the Muhammadan Law the Kazi was chiefly a Judicial Officer. His principal powers and duties are stated at some length in the Hedaya, Book xx. He was appointed by the State, and may be said to have corresponded to our Judge or Magistrate. In addition, however, to his functions under the Muhammadan Law, the Kazi in this country, before the advent of British rule, appears to have performed certain other duties, partly of a secular and partly of a religious nature. The principal of these seems to have been preparing, attesting and registering deeds of transfer of property, celebrating marriages and performing other rites and ceremonies. It is not apparent that any of these duties were incumbent on the Kazi as such. It is probable that the customary performance of them arose rather from his being a public functionary and one known by his official position to be acquainted with the law, than from his having, as Kazi, a greater claim to perform them than any one else. Such was the position of the Kazi in this country under Native Government. On the introduction of the British rule, Judges and Magistrates took the place of Kazis and the Kazi in his judicial capacity disappeared; but the British Government, though no longer recognizing the judicial functions of the Kazi, did not abolish the office. By certain Regulations passed from time to time, the appointment of Kazi-ul-Kuzaat and Kazis by the State was provided for, and the performance of their non-judicial duties was recognised by law. In the case of Bengal, indeed, certain additional duties were imposed on them. The duties of the Kazi under these Regulations comprised some or all of the following, viz- (1) preparing and attesting deeds of transfer and other law-papers; (2) celebrating marriages and presiding at divorces; (3) performing various rites and ceremonies; (4) superintending the sale of distrained property and paying charitable and other pensions and allowances." The relevance of the institution of Kazi has been substantially restricted, and for all practical purposes, it is confined to the celebration of marriages, and performance of related rites and ceremonies.

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No. 8197 of 2005 30-03-2007 Qazi Habeeb Abdullah Rifai The Principal Secretary to Government, Minorities Welfare Department, Govt. of A.P., Secretariat, Hyderabad & another COUNSEL FOR PETITIONER: Sri K.Pratap Reddy, Senior Counsel COUNSEL FOR RESPONDENTS: Sri A.M.Qureshi, G.P. for Minorities. :ORDER: The petitioner was appointed as a Kazi, for performing the marriages of Muslims (Shafayee sect) at Hyderabad, by the Government of A.P., the 1st respondent herein, through orders in G.O.Ms.No.606, Revenue (Wakf) Department, dated 27.6.1990. This appointment was made under the provisions of the Kazis Act, 1880 (for short "the Act). Through its orders in G.O.Ms.No.757, dated 18.8.1990, the petitioner was permitted to perform the marriages of Arabs also, and the original order of appointment was accordingly modified. The petitioner appointed a person by name Ahmed Sharif, as his Naib Kazi. The latter performed nikha of a woman, by name Haseena Begum, with one, Mr.Jaffar Yakub Hussan Alzarouni, said to be an Arab Shaik. The woman submitted a complaint in Chandrayanagutta Police Station, alleging harassment in the hands of her husband. Soon thereafter, a news item appeared in the local dailies, on 27.5.2004. The 1st respondent called for a report, from the A.P. Wakf Board, the 2nd respondent herein, on the subject, and through orders in G.O.Rt.No.240, dated 4.6.2004, it suspended the appointment of the petitioner as Kazi. This was followed by an enquiry by the 2nd respondent, against the petitioner, and a report dated 14.9.2004 was submitted. Taking the same, into account, the 1st respondent issued orders in G.O.Ms.No.11, Minorities Welfare (Wakf-II) Department, dated 2.4.2005, removing the petitioner from the post of Kazi. The petitioner challenges the same. The petitioner contends that as a Kazi, his duty is only to verify whether the parties to the marriage have attained the stipulated age, and whether there exists the offer and acceptance, free from any external factors. He contends that the bride did not complain of any threat, coercion, or her displeasure for the marriage, and that her complaint came to be made, only on account of the alleged harassment made by her husband. He contends that the Kazi has absolutely no role to play in such matters, and there was no basis for the impugned order. He complains of violation of principles of natural justice and defects in the enquiry. The 1st respondent filed a counter affidavit, stating that the petitioner ought to have ensured that the institution of marriage is not misused by the parties, and that on account of his negligence, a marriage between a girl of 19 years and an Arab Shaik of 73 years, took place. It is also stated that the petitioner failed to ascertain the correct information, as well as the status of the parties, particularly that of the bridegroom, at the time of marriage. The allegations as to the procedural lapses are denied. The 2nd respondent filed a separate counter affidavit. Apart from the points urged by the 1st respondent, the 2nd respondent stated that notwithstanding the limited role to be played by Kazi, the petitioner ought to have been careful, in ascertaining the ages of the parties, to a marriage. It is stated that in the course of enquiry, several instances, of the petitioner arranging for marriages between Arab Shaiks and innocent girls in the city of Hyderabad, have come to light. It is also alleged that the petitioner and his Naibs have provided facilities to the Arab Shaiks for their stay and marriages, by collecting huge amounts. Various details of enquiry conducted against the petitioner that resulted in submission of enquiry report, dated 14.9.2004, are also furnished. It is pleaded that no procedural irregularity has taken place. Sri K.Pratap Reddy, learned Senior Counsel, appearing for the petitioner, submits that the proceedings initiated by the respondents, against the petitioner, are without any basis and are contrary to the provisions of law. He contends that no specific charge was framed against the petitioner, and the respondents were carried away by certain reports in the newspapers and they did not even care to verify the truth, or legality of such allegations. Learned Senior Counsel submits that the appointing authority i.e. the 1st respondent, did not frame any charges, and the enquiry conducted by the 2nd respondent was not on the basis of any specific charges. He points out that even according to the enquiry report, the persons who are said to have complained against the petitioner, did not turn up in the enquiry, and despite the same, findings were recorded against the petitioner, and the impugned order was passed, in violation of settled principles of law. Learned Government Pleader for Minorities Welfare and learned Standing Counsel for the Wakf Board, submit that the petitioner and his Naibs failed to take necessary precautions, while performing the marriage in question, particularly, when the bridegroom was a foreigner, aged more than 70 years. According to them, the Kazi occupies an important place in the Muslim Law and that the petitioner had misused his position, for monetary gains. By referring to the proceedings that have taken place from time to time, they contend that the requirement of an independent and impartial enquiry and the principles of natural justice were complied with. The petitioner challenges the orders of the 1st respondent, terminating his appointment as Kazi. The allegation against the petitioner is that he failed to discharge his duties and functions as Kazi, properly. Specific reference is made to a marriage between a woman, by name Haseena Begum, and an Arab Shaik, by name Jaffar Yakub Hussan Alzarouni. The said marriage was performed by a Naib Kazi, by name Ahmed Shareef, appointed by the petitioner. A Kazi is responsible for the acts and omissions on the part of the Naib Kazi, appointed by him. The petitioner does not dispute this legal position. The marriage in question was performed on 7.5.2004. The marriage certificate issued by the Naib Kazi discloses that the bride was accompanied by her father and he signed as "vakil" in the marriage register. Her uncle, by name Syed Hasham, and her real cousin, by name Syed Ghouse, signed as two witnesses. The age of the bride was entered as 22 years. In the column relating to the particulars of the bridegroom, the date of birth was shown as 10.2.1931. Few weeks after the marriage, the bride submitted a complaint before Chandrayanagutta Police Station, under Section 498-A IPC. She alleged that after the marriage, her husband started harassing her for dowry. It was also alleged that the bridegroom is in the habit of marrying innocent women and giving talaq shortly thereafter. Reports appeared in the newspapers on 27.5.2004, about the practice of the aged Arab Shaiks marrying young muslim girls from Hyderabad, and the marriage in question was referred to, extensively. This gave rise to suspension of the petitioner. Thereafter, an enquiry was held, and the appointment of petitioner as Kazi, was terminated. In this context, two questions arise for consideration, viz., 1) the scope of powers and functions of a Kazi, in the context of marriage between muslims; and 2) compliance with the procedural requirements, while terminating the appointment of the petitioner. The institution of Kazi, at one point of time, occupied a very pivotal position, in the administration of Muslim Law. He was conferred with adjudicatory and administrative powers, and endowed with religious duties and functions. With the advent of British rule of India, the adjudicatory powers of Kazi came to be restricted, and appointment of Kazis was provided for, under the Kazis Act 1880. The following paragraph of the statement of objects and reasons of that Act, would summarise the nature of the powers of a Kazi, that existed earlier thereto. "Under the Muhammadan Law the Kazi was chiefly a Judicial Officer. His principal powers and duties are stated at some length in the Hedaya, Book xx. He was appointed by the State, and may be said to have corresponded to our Judge or Magistrate. In addition, however, to his functions under the Muhammadan Law, the Kazi in this country, before the advent of British rule, appears to have performed certain other duties, partly of a secular and partly of a religious nature. The principal of these seems to have been preparing, attesting and registering deeds of transfer of property, celebrating marriages and performing other rites and ceremonies. It is not apparent that any of these duties were incumbent on the Kazi as such. It is probable that the customary performance of them arose rather from his being a public functionary and one known by his official position to be acquainted with the law, than from his having, as Kazi, a greater claim to perform them than any one else. Such was the position of the Kazi in this country under Native Government. On the introduction of the British rule, Judges and Magistrates took the place of Kazis and the Kazi in his judicial capacity disappeared; but the British Government, though no longer recognizing the judicial functions of the Kazi, did not abolish the office. By certain Regulations passed from time to time, the appointment of Kazi-ul-Kuzaat and Kazis by the State was provided for, and the performance of their non-judicial duties was recognised by law. In the case of Bengal, indeed, certain additional duties were imposed on them. The duties of the Kazi under these Regulations comprised some or all of the following, viz- (1) preparing and attesting deeds of transfer and other law-papers; (2) celebrating marriages and presiding at divorces; (3) performing various rites and ceremonies; (4) superintending the sale of distrained property and paying charitable and other pensions and allowances." The relevance of the institution of Kazi has been substantially restricted, and for all practical purposes, it is confined to the celebration of marriages, and performance of related rites and ceremonies. It is evident from the preamble of the Act, which, inter alia, mentions as under: "...and whereas by the usage of the Mahommedan community in some parts of India the presence of kazis appointed by the Government is required at the celebration of marriages and the performance of certain other rites and ceremonies, and it is therefore expedient that the Government should again be empowered to appoint persons to the office of kazi; It is hereby enacted as follows:" In KAZI MD.ABBAS ALI v. A.P. WAKF BOARD1, this court held that a Kazi, appointed under the Act, holds a position of considerable importance, and he has to discharge not only secular, but also religious duties. However, when it comes to the question of performance of the marriage, the duties of the kazis are restricted, mostly to verify whether the parties to the marriage are of the prescribed age, particularly of the bride, and entering the necessary particulars of the bride and bridegroom in the registers to be maintained by him, and ensure that there exists free consent. Though both the parties of the marriage are required to be accompanied by their respective parents, relations or acquaintances, the verification, as to existence of free consent, particularly from the bride by the Kazi, independently, assumes significance, in view of the fact that the marriage under Muslim Law is more a contract, than a ceremony. One of the important particulars to be entered by the Kazi in the registers maintained by him is about the marital status of the bridegroom. If the bridegroom has four wives, by the time he intends to contract another marriage, the proposed marriage stands prohibited. It is the duty of the Kazi to ensure that there does not exist any surviving marriage with the bride and that the bridegroom does not have more wives than three, at the time of the proposed marriage. Once a Kazi is satisfied that the parties to the marriage have attained the age of majority, the consent of the bride for the marriage is free and that the bridegroom does not have more wives than three, he has no option but to perform the rituals of marriage. Any attempt by him, to ascertain any further information, or to refuse to perform the marriage, on any other ground, is prone to impinge upon the rights of the parties to the marriage, and would be in excess of the powers and duties ascribed to him, under law. Another important aspect of the matter is that except in certain cases, such as, to express his view about the validity or otherwise of the dissolution of the marriage brought about the parties themselves, the kazi has absolutely no role to play, once the marriage is performed. He cannot act as an arbitrator or adjudicator, in any disputes that arise between the parties, after their marriage is performed. In the instant case, the bride, by name Haseena Begum, did not complain of any lapse on the part of the Kazi, in the matter of ascertaining the ages or factors, if any, influencing her consent for the marriage. Her only complaint was that few days subsequent to the marriage, her husband started harassing her for additional dowry. Even if the allegation is taken as true, there is hardly anything, which the petitioner or his naib were expected to do about it. Therefore, the grounds, on which the proceedings were initiated against the petitioner, are totally unrelated to the functions of a kazi. The authority, which appoints a kazi, is the Government. Whether by operation of provisions of General Clauses Act, or on application of the general principles of law, it becomes clear that it is only the Government that can initiate enquiry and pass orders against the petitioner. The enquiry, in the instant case, was conducted by the Chief Executive Officer (CEO) of A.P. Wakf Board. The Act does not assign any role to an authority under the Wakf Act. Assuming that the CEO was appointed by the Government and that it is otherwise permissible, it needs to be verified as to whether he has followed the correct procedure. Neither the Government, nor the Enquiry Officer, framed any specific charges against the petitioner. The latter issued a show-cause notice, dated 17.6.2004 to the petitioner. In that, the petitioner was required to produce the concerned records, within three days from the date of receipt of the notice. On receipt of the same, the petitioner submitted a representation, stating that he was placed under suspension, through G.O.Rt.No.240, dated 4.6.2004, and thereupon, he submitted relevant records as well as explanation to it. It is also stated that the allegations against him that he failed to produce the records, is not correct. The other notices issued to the petitioner, were those relating to the intimation of the dates of enquiry. In his report, dated 14.9.2004, the Enquiry Officer, referred to the notice dated 17.6.2004. Not a single witness was examined by the Enquiry Officer. The scope of the enquiry and the various steps involved in the matter, were summed up by the Enquiry Officer in paragraphs 9 to 12 of the report, as under: "9. In the present case the allegations are that after the marriage with Haseena Begum, the said Arab Shaik deserted her and married another girl and he was harassing her for dowry. So on a complaint lodged with the police at Chandrayangutta Police Station, a case was registered in Crime No.113/2004 under Section 498(A), 109 IPC, against the said Arab Shaik. 10. The Chief Executive Officer on receipt of the explanation of the delinquent Kazi, directed him to submit the marriage certificate records pertaining to his Qazath circle. In the show-cause notice itself he was directed to produce the said records. But he took time to produce the same. After reminders, finally he produced the records of marriage certificate on 6.7.2004. 11. It is submitted that in the meanwhile the Inspector of Police, Chandrayangutta was requested to furnish copies of documents said to have been seized during investigation in the criminal case registered against the said Arab Shaik. Btu the Police authorities did not furnish any such records. Finally, it is learnt that the said Haseena Begum has withdrawn her criminal complaint against the said Arab Shaik in the concerned Magistrate and the case is also ended in acquittal. 12. It is submitted that on receipt of the explanation and records submitted by the said delinquent Kazi, summons were taken out against Haseena Begum, her father Sk.Mahaboob and two witnesses who were present at the time of marriage of Haseena Begum. But they refused to receive the same and therefore again summons were sent by registered post with acknowledgment due. This time also they refused to receive the registered post letters." With the developments indicated in the above paragraphs, the proceedings ought to have been dropped. However, he has taken up himself, the task of verification of several marriages performed by the petitioner and his Naib Kazi. He intended to verify the genuinety of marriages identified by him, and issued notices to the parties. Either they have declined to receive notices, or they did not turn up. The ultimate findings of the Enquiry Officer are as under: "26. The statement showing the marriages performed by the Qazath office of the delinquent Kazi is submitted to show the disparity of ages between the bride and bridegroom to draw an inference that the delinquent Kazi and his Naib Kazis are indulging in such activities. More over, taking advantage of the sole monopoly of the delinquent as Kazi for performance of marriages of Shafai Uroob, the delinquent Kazi is performing the marriages of young girls with aged Arab Shaiks apparently for unlawful gain. Findings:- Considering the overall situations and circumstances enumerated above, it is found that there is a prima facie case against the Kazi and the charges are held proved. Further, the activities of the delinquent Kazi amounts to explanation of the poor Muslim girls and proves that the delinquent is guilty of lapses stated to have been committed by him. Therefore, his continuance as Kazi for Shafai Uroob further will ruin the lives of may more poor Muslim girls. In view of the aforesaid submissions, it is recommended that the services of Sadar Kazi namely Qazi Habeeb Abdullah Refai may be terminated and work may be distributed among the other Kazis of the respective areas." On the basis of the report of the Enquiry Officer, the 1st issued a show-cause notice to the petitioner and an explanation was submitted, thereto. He requested the 1st respondent, to supply the material relied upon by the Enquiry Officer, in coming to the conclusion. The concluding portion of the G.O.Ms.No.11, dated 2.4.2005 reads as under: "10. In reply to Govt.Memo dated 29.12.2004, Sri Qazi Habeeb Abdullah Rifai (under susp4ension) in his application dated 31.12.2004, has requested the Govt. again to furnish all the material relied upon by the Enquiry Officer for coming to a conclusion within (7) days and also requested to extend the time by (3) more weeks for giving reply to the show cause notice dated 6.12.2004 issued by the Government. 11. From the above mentioned fact, it is clear that instead of submitting his explanation the delinquent Kazi is asking to furnish the material to submit his explanation though all the relevant facts were earlier mentioned in the Show Cause Notice duly supplying a copy of Enquiry Officer's report. The delinquent Kazi is writing to the Government time and again to furnish some information/material with an intention to delay the action to be taken against him. Other than this reason, it is evident that he has no explanation to offer against the charges and hence the charges framed against him are held proved. 12. Therefore, in exercise of the powers conferred under Section 2 of the Khazis Act, 1880 (ACT XII of 1880) the Govt. of A.P. hereby removes Sri Habeeb Abdullah Rifai from the post of Kazi, Shafai Uroob of Hyderabad." From the above, it is clear that several procedural lapses were committed by the 1st respondent, as well as the Enquiry Officer. None of them were clear as to the allegations against the petitioner. The woman, whose marriage the petitioner performed, did not submit any complaint, alleging any lapses on the part of the petitioner. She did not figure as a witness. The record discloses that she has withdrawn the criminal complaint filed by her in the police station. With that, the very basis for initiation of proceedings, against the petitioner, disappeared. The Enquiry Officer did not confine himself to any aspect, and proceeded according to whims and fancies. He collected lot of material, behind the back of the petitioner, and not a single witness was examined. When the petitioner requested the 1st respondent to furnish material relied upon by the Enquiry Officer, he took exception to his request, and had chosen to remove the petitioner from the post of Kazi. From the above, it is clear that the petitioner did not violate any duties and functions assigned to him as Kazi, and that the G.O.Rt.No.11, dated 2.4.2005, removing him from the post of Kazi, is illegal and arbitrary, and violative of principles of natural justice. The writ petition is accordingly allowed. There shall be no order as to costs. ?1 1978 (2) ALT 295