Once a Wakf comes into existence and a mutawalli is appointed, the founder has no power of removing him unless such a power has been specifically reserved in the Wakf deed.
The court has power to remove a mutawalli A court may remove a mutawalli on the ground of misfeasance, breach of trust or for his unfitness, or for any valid reason. The court’s power of removal is unfettered, and it can remove mutawalli even if the settlor has specifically laid down that the mutawalli should be removed.
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ADVERTISEMENTS:
It is because the foremost duty of the court is to consider the interest of the wakf. Thus, a mutawalli who is insolvent, or who neglects to perform his duties as laid down in the Wakf deed, or who claims adversely to Wakf properties can be removed by the court.
Procedure for removing a mutawalli is by way of a suit in the District Court.
A mutawalli appointed by the committee under the Religious Endowment Act, 1863 is not a mutawalli under Muslim law, and, therefore, can be removed by the committee.