Additional Chief Secretary Monica Garg faces the heat over non-compliance with the election order
Team Clarion
LUCKNOW — The Allahabad High Court has issued a contempt notice to Monica Garg, Additional Chief Secretary of the Minority Welfare and Waqf Department in Uttar Pradesh, for failing to conduct elections for two vacant Sunni Waqf Board member positions despite an earlier court order.
The court has directed Monica Garg to explain why contempt proceedings should not be initiated against her for allegedly disregarding its ruling issued on 11 March 2024, in response to a public interest litigation (PIL). The notice has put the state government and its bureaucracy in an uncomfortable position.
The issue dates back to 2024 when Mohammad Ishaq alias Babi Chaudhary filed a petition in the Lucknow bench of the Allahabad High Court, seeking the election of two members to the Sunni Waqf Board.
In his petition, Ishaq stated, “The posts of two members in the Sunni Waqf Board of Uttar Pradesh are vacant. Elections should be conducted to fill these positions as the board’s functioning is being adversely affected.”
Representing the petitioner, Advocate Krishna Kanhaiya Pal argued before the court that elections for these seats are mandated under Section 14(1)(B) of the Waqf Act, 1995. He contended, “Despite this legal provision, the Minority Welfare Department has not issued a notification for the elections, thereby hampering the board’s operations.”
The Lucknow bench had earlier sought a response from the Uttar Pradesh government last year. At the time, government representatives assured the court that the election process was underway and would be completed soon.
On 11 March 2024, the court directed the state government to complete the election process within two months, subsequently disposing of the PIL. However, the elections remain pending, which has led to allegations that the state government is deliberately delaying the process.
Ishaq again approached the high court, arguing that the government’s inaction violated the previous court order. During the latest hearing, Justice Manish Kumar accepted the argument made by Advocate Krishna Kanhaiya Pal and issued a contempt notice to Monica Garg.
Justice Kumar stated, “Why should contempt proceedings not be initiated against her for allegedly failing to comply with the court’s decision and order given on 11 March 2024?”
The court has scheduled the next hearing in April.
The delay in holding elections has raised political concerns. Observers argue that the state government is reluctant to conduct the Sunni Waqf Board elections due to political calculations.
Sources indicate that if elections proceed, two Muslim MLAs from the opposition Samajwadi Party could secure board positions, which may limit the government’s influence over the body. The ruling Bharatiya Janata Party (BJP) does not have two Sunni Muslim MLAs, making it difficult for them to place their representatives on the board.
BJP ally Om Prakash Rajbhar’s party has an MLA, Abbas Ansari, who remains incarcerated due to multiple legal cases. Meanwhile, Danish Azad Ansari, a minister in the Yogi Adityanath government, is a Legislative Council member and ineligible for the Waqf Board election.
Amid these political manoeuvres, Monica Garg, a senior IAS officer, is now facing contempt proceedings. Her position, second only to the Chief Secretary in rank, makes the high court’s notice a significant development within the bureaucracy.
There is widespread discussion among government officials that the prolonged delay in implementing the high court’s directive could have serious consequences. A senior bureaucrat remarked, “Every official is obligated to follow court orders. Ignoring them to please the government can be risky.”
