SG Mehta: CEO appointed, earlier the provision was he has to be a Muslim- now he can be anyone. Its giving more leeway for the purpose of selection. Its an enabling provision does not restrict the appointment.

SG Mehta: But S. 38- executive officer has to be Muslim because he would be in the waqf itself. CEO is the state level body CEO which has functions like framing schemes etc- enabling provision not mandatorily ..

one judgment, this court said that waqf board is a state within A.12 and therefore, there cannot be an argument it comprises of A or B community