BORHAN UDDIN AKOND Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Ms SG Momin, the learned counsel for the petitioner who submits that, by suppressing the material of facts pertaining to the participation in the Meeting, the respondent No. 6 has obtained the order of this Court dated 27.08.13. The learned counsel further submits that, the respondent No. 6 has attended the Meeting dated 15.06.13, but the said fact was not disclosed before this Court, hence, has compelled this Court to pass erroneous order dated 27.08.13.

(2.) MR . SA Sheikh, the learned counsel for respondent No. 6 submits that, he has attended the Meeting of guardian and not the Meeting for the re -constitution of the School Managing Committee. The learned counsel further submits that, whether the third party who was not a party in WP(C) No. 167 of 2013 can approach and bring to the notice of the Court that an order has been obtained by fraudulent means or by suppression the material of facts.

(3.) AFTER hearing the submissions advanced by the learned counsel and after going through the Annexure -7 which clearly stated that, the Meeting was held on 15.06.13 in the School premises under the Chairmanship of Shri. LD Shira, MDC to reconstitute the School Managing Committee. On further perusal of the list of the participants who attended the Meeting, it is apparent that the name of the respondent No. 6 appeared at Sl. 177. I have also perused the resolution at Page 30 which also speaks that, the Meeting was held and Member of Committee was also selected in that Meeting. If is so, in my considered view, this Court should not have passed the order dated 27.08.13 in WP(C) No. 167 of 2013 since the meeting was held on 15.06.13.