MD. FAJUR RAHIM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri B.P. Sahu, learned Senior Advocate appearing for the petitioner and Shri M. Rarry, learned Addl. Advocate General appearing for the respondents.

(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of certiorari or any other appropriate writ to quash and set aside the order dated 15-07-2019 issued by the Under Secretary (MOBC and SC), Government of Manipur.

(3.) Facts and circumstances as narrated in the writ petition, are that the petitioner is the Chairman of 6th Waqf Board, Manipur constituted by the Government of Manipur under the provisions of Waqf Act, 1995. While the board was discharging its duties and responsibilities, the Deputy Secretary (MOBC and SC), Government of Manipur issued a show cause notice dated 31.01.2018 purportedly in exercise of the power conferred under the provisions of the Section 99 of the Waqf Act, 1995 as to why the Board should not be dissolved and superseded on the basis of 4(four) charges leveled against it. The Deputy Secretary (MOBC), Government of Manipur, without considering the reply to the said show cause notice, issued an order dated 01.03.2018 dissolving the Board. Being aggrieved by the said order dated 01.03.2018, a writ petition being WP(C) No.217 of 2017 was filed questioning it and during the pendency of the said writ petition, a corrigendum dated 27.03.2018 was issued replacing the word "dissolved" by the word "superseded" in the order dated 01-03-2018. The said writ petition was allowed on 18.05.2018 quashing the order dated 01.03.2018 with the rider that it was open to the State Government to proceed afresh as regards the supersession of the Board in accordance with law. Taking advantage of the liberty being granted by this Court, the respondents issued another show cause notice dated 29.05.2018 which was served upon the petitioner on 02.06.2018 and being aggrieved by the said notice dated 02.06.2018, a writ petition being WP(C) No.488 of 2018 was filed and during the pendency of the said writ petition, the respondents issued another show cause notice serving copies of the documents to the petitioner including the corrigendum after corrigendum changing the paragraphs, dates of show cause notice etc. The said writ petition was dismissed by this Court vide order dated 26.07.2018 with the direction that the petitioner therein should submit his response to the show cause notice within a week from the date of the receipt of a copy of the Judgment and Order and on receipt thereof, the State Government should consider it in terms of the provisions of Section 99 of the Act.