HINDU SHAMSHAN BHOOMI COMMITTEE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner which is a registered association in the name and style of 'Hindu Shamshan Bhoomi Committee' is before this Court, with a prayer for setting aside the orders passed by the District Magistrate and Executive Magistrate, Tura, West Garo Hills, dtd. 15/12/2021 and letters dtd. 17/1/2022 and 24/1/2022.

(2.) In brief, the matter pertains to the affairs of the petitioner Committee, wherein, a complaint dtd. 2/10/2021, was made by the respondents, alleging that the constitution of an adhoc Committee, was without any authority and had hurt the sentiments of the general public, whereafter, the District Magistrate had directed for an inquiry to be conducted. On the basis of the said inquiry, directions were passed by the District Magistrate vide the order dtd. 15/12/2021, for the constitution of a new Committee, the selection of which was to be carried out under the supervision of an Executive Magistrate. Being aggrieved with the said directions, the petitioners are before this Court, as they maintain that the adhoc Committee was lawfully constituted, and that the District Magistrate had no power or authority to issue the impugned order, when the manner of selection is provided in the constitution of the 'Hindu Shamshan Bhoomi Committee' itself.

(3.) Without discussing the claims and objections of the respective parties, firstly, it is to be noted that, the Hindu Shamshan Bhoomi Committee is a social organization, engaged in social services, in aid of the Hindu Community in Tura and the adjoining areas, and was formed for that specific purpose. In the course of hearing over several dates, the parties, in consideration of the duties of the Hindu Shamshan Bhoomi Committee, and that the smooth functioning of this organization was important in public interest, have decided to bury their differences and claims to office and have agreed for the conduct of fresh elections, to elect a new committee, to run its affairs. It has also been suggested by the parties, that the person who should be eligible to vote, should be a Hindu resident of Tura and its adjoining areas, holding valid EPIC cards. Further, to ensure the smooth conduct of these elections, the parties have jointly proposed and obtained the consent of the District Magistrate and Superintendent of Police, to render their assistance in this regard, whether in an official or unofficial capacity.