A Mutawalli from Madhya Pradesh has moved the Supreme Court questioning the enforceability of the mandatory digital uploading requirement under Section 3B of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. The petitioner submits that the Union Government’s Umeed Portal, notified under the UMEED Rules, 2025, suffers from inherent structural and technological flaws, rendering it incapable of registering waqf properties in compliance with the statutory framework.

Citing WAMSI data of the Ministry of Minority Affairs, the plea notes that around 8.72 lakh waqf properties across over 38 lakh acres have been reported by 30 States/UTs and 32 Waqf Boards, of which approximately 4.02 lakh are classified as Waqf by User. However, several major States are lagging behind in completing the uploading exercise. Uttar Pradesh has reportedly uploaded around 35% of its 1.4 lakh waqf properties. Upload figures for West Bengal stand at 12%, Karnataka and Tamil Nadu at around 10% each, while Punjab has uploaded nearly 80% of its records.

The petitioner asserts that the problem is far more severe in Madhya Pradesh, where the majority of waqf properties are those surveyed and notified under Sections 4 and 5 of the Waqf Act. The category of Waqf by User exists rarely in the State. However, the portal allegedly forces users to select only among limited modes inconsistent with the legal nature of waqfs in Madhya Pradesh. Entering incorrect data, it is argued, would amount to unlawful and inaccurate declaration, violating both statutory obligations and the fiduciary responsibility of a Mutawalli.

The writ petition highlights widespread technical malfunctions on the Umeed Portal as compiled in a 195-page grievance dossier of the Union Ministry. Reported issues include missing districts/villages, non-recognition of valid revenue identifiers like khasra numbers, credential creation failures, broken approval chains, repeated login errors, absence of autosave, undefined crashes, and persistent downtime throughout the six-month completion period.

In Madhya Pradesh, the problem is further intensified due to the portal’s non-compatibility with prevalent revenue formats in the State. The petitioner contends that while compliance is technically impossible, Mutawallis remain exposed to penal actions, including dismissal and criminal prosecution under Section 61. Imposition of such consequences in a scenario of systemic impossibility, the plea argues, violates Articles 14, 21, 25, 26 and 300A of the Constitution.

While Section 3B enables the Government to extend the uploading deadline until June 2026, the petitioner emphasizes that extension alone cannot cure foundational flaws. The plea also notes that Sections 3B, 36 and 61 are already under constitutional challenge before the Supreme Court, asserting that enforcing a flawed mechanism during pendency of such challenges is premature and arbitrary.

Reliefs Sought

The prayers seek a declaration that the current Umeed Portal is structurally inadequate, technologically dysfunctional, and incapable of recording Survey/Gazette-notified waqfs of Madhya Pradesh, and hence cannot be enforced against similarly situated Mutawallis.

A writ of mandamus is sought to compel the Union Government to correct all systemic deficiencies or develop a separate mechanism for uploading Survey and Gazette waqfs in the State.

The petitioner further requests removal of the compulsory “mode of waqf” selection in Section 5.1 of the interface, or the addition of an “Other / Survey / Gazette / Statutory Waqf” option. The plea also seeks protection from penal, coercive or disqualifying measures until the platform is functionally rectified.

Additional prayers include permitting manual submission or alternative lawful uploading methods for Madhya Pradesh, staying Section 61 in the interim, and maintaining status quo regarding all waqf records within the State during the pendency of proceedings.

It is noteworthy that last week the Supreme Court declined a general plea for extension of time for uploading waqf details, instead directing that individual Mutawallis may approach jurisdictional Waqf Tribunals seeking relief.

The petition has been filed through Adv. Vaibhav Choudhary.

Case Title: HASHMAT ALI v. UNION OF INDIA & ORS.
Diary No.: 70413 / 2025