LUT AHMED BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge made in this writ petition is in respect of the selection of the respondent No. 5 as Muslim Marriage Registrar (MMR) & KAZI, Sonai in the district of Cachar. Four petitioners who were all contenders for the post of MMR & KAZI have filed the writ petition jointly. The petitioners have disclosed their educational qualifications as follows:

(2.) Section 3 of the Assam Moslem Marriages and Divorces Registration Act, 1935 (the Act) empowers the State Government to grant licence to any person, being a Moslem, authorizing him to registrar Moslem marriages and divorces which have been effected with certain specified limits, on application being made for such registration; and may revoke or suspend such license. As per the proviso to Section 3 not more than two persons shall be licensed to exercise the said functions within the same limit; providing further that, when two persons are so licensed to act within the same limit, the one shall be a member of the Sunni and the other of the Shia sect. Section 17 of the Act empowers the State Government to make rules.

(3.) In exercise of the powers conferred by Section 17 of the Act, the Government of Assam framed the Assam Moslem Marriage and Divorces Registration Rules, 1935 (the Rules). Rule l(b) of the Rules defines "The Permanent Committee" as follows: