- (1.) Heard Sri M.A. Qadeer, Senior Advocate, assisted by Sri Shamim Ahmad, learned Counsel for the Petitioners and Sri Shashi Nandan, Senior Advocate, assisted by Sri Udayan Nandan, learned Counsel for the Respondent.
(2.) The present writ petition has been filed for quashing the order dated 28.8.2010, passed by Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh (Annexure-19 to the writ petition) as well as order dated 18.9.2010, passed by the Respondent No. 3 (Annexure-20 to the writ petition). Further, a writ in the nature of mandamus commanding the District Minority Welfare Officer, Mau, to continue disbursing the salary of Teachers of the Madarsa.
(3.) It appears that Petitioner No. 1-Anjuman Madarsa Arabia Khairul Madaris is an Institution registered under the Societies Registration Act governed by the registered bye laws. The Madarsa is run by the Committee of Management elected by the General Body of the Society. The Committee of Management is recognized by the Respondent No. 3. It is also in the list of grant-in-aid and the aid is disbursed through District Minority Welfare Officer. According to Petitioners, there were 378 members of the General Body. In the meeting of General Body held, Shamshul Huda was elected as President and Abul Hasan was elected as General Secretary/Manager, in which 85 members had taken part. Admittedly, the last election was held on 6.1.2005, in which Shamshul Huda was elected as President and Abul Hasan was elected as Secretary. The Secretary has issued a list of 378 members of the General Body. On the basis of aforesaid list, the last election was held under the president-ship of Shamshul Huda, in which various office bearers were elected. A meeting dated 6.1.2005 of the General Body was held, in which 350 members had participated. The meeting was presided by one Haji Shamshuddin and Khaliq Ahmad was elected as President and Zameer Ahmad as Secretary. According to Petitioners, the term of the Committee of Management is five years. When the term was going to expire a meeting was held and it was decided to hold the election. A list of 378 members were issued in the signature of Khaliq Ahmad. The election agenda was issued and the election was held on 7.3.2010, in which one Ziaul Hasan was elected as President and Petitioner No. 3 was elected as Manager/Secretary and the papers were sent to the Assistant Registrar for passing appropriate orders.;