SHREE CHANDRASHEKHAR, J. - (1.) SEEKING a direction upon the respondents not to dispossess the elected office bearers of Anjuman Faizal Ghurba Muslim Society, Bhalubasa, Jamshedpur and with a further prayer to ensure safety of life of the office bearers and also to protect the property of the society, the present writ petition has been filed by the society.
(2.) THE brief facts of the case are that, the petitionersociety is registered under the registration no. 211/7778 and subsequently, a new registration no. being 361/200809 was issued. The society was started sometimes in the year, 1928 with the objective addressed to the welfare and domestic problem of the local people of Bhalubasa. On 24.06.2012 the election of the society was announced by the present office bearers, in which private respondent nos. 7 to 9 also submitted their nominationfor different posts. Subsequently, on 25.06.2012, the respondent nos. 7 to 9 withdrew their candidature and the office bearers were declared elected uncontested. The private respondents filed one Miscellaneous Case on 19.06.2012 against the successful candidates for restraining them from holding election which was registered as Miscellaneous Case No. 176 of 2012. In the said proceeding, the elected members were also made parties who filed their showcause on 28.06.2012. Vide order dated 24.08.2012, the proceeding was dropped. After having lost the election, private respondents are continuously disturbing the functioning of the society. The respondent no. 6 who is the Officer Incharge of Sitaramdera Police Station is issuing threat to the members of the society.
(3.) A counteraffidavit on behalf of the respondent nos. 2, 3 and 4 has been filed. A separate counteraffidavit on behalf of the respondent no. 4 has also been filed stating that the action taken by the answering respondent is not illegal or malafide. The allegation levelled in the present writ petition has been denied. The learned counsel appearing for the petitioner submits that in the election held on 24.06.2012, the office bearers who were elected are being harassed by the unsuccessful candidates in collusion with the respondent no. 6. The office bearers of the society have threat of life and property from respondent no. 6 and therefore, the writ petition would lie.;