IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 14957 of 2022

IN THE MATTER OF:

An  application  under  Article  102  of  the Constitution  of  the  People’s  Republic  of Bangladesh

-And-

IN THE MATTER OF:

Md. Abdul Mannan

             ...............Petitioner. -VS-

The  Government  of  People’s  Republic  of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and others

            ...............Respondents. Mr. Md. Moniruzzaman, Advocate

              ……….for the petitioner Mr. Tushar Kanti Roy, DAG with

Mr. Md. Salim Azad, A.G.G with

Ms. Anis ul Mawa, A.A.G

                               …..…For the respondents.

Heard on: 29.02.2024 and Judgment on : 21.03.2024

Present:

Mr. Justice Mustafa Zaman Islam

And

Mr. Justice Md. Atabullah

Mustafa Zaman Islam, J;

In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show  cause  as  to  why  the  memo  being  no. h¡j¡¢n−h¡/fÐn¡/224221182491/72750/e¢b  ew-06  dated  03.11.2022,  issued  by  the respondent  no.4  regarding  not  to  approval  the  Managing  Committee  of

Karamdi  Darussunnat  Nesaria  Dakhil  Madrasha,  Gangni,  Meherpur (Annexure-I)  should  not  be  declared  to  have  been  issued  without  lawful authority and is of no legal effect and/or pass such other or further order or orders passed as to this Court may seem fit and proper.

Facts necessary for disposal of the Rule, in brief, are that: the petitioner is  citizen  of  Bangladesh  and  also  an  elected  president  of  the  Governing Committee of said Madrasha.

On 17.08.2021 under direction of the Chairman, Bangladesh Madrasha Education  Board,  Register  of  the  Board  approved  a  Adhoc  committee comprising 4 members headed by Md. Mohammad Ali, Chairman of the Adhoc Committee for framing a regular committee of Karamdi Darussunat Nesaria Dakhil Madrasha (in short Madrasha).

On  27.11.2021,  the  newly  appointed  Adhoc  Committee  made  a resolution and approved the voter list for election of the Governing Committee. All the Adhoc Committee member present and duly signed those resolution accordingly. On 30.12.2022, the Upazilla Nirbahi Officer, Gagni, Meherpur appointed Md. Mir Habibul Bashar, Upazilla Secondary Education officer as a presiding  officer  for  taking  initiative  to  hold  an  election  of  Governing Committee. On 30.12.2021, the presiding officer published election schedule for  holding  election.  As  per  the  schedule  the  date  fixed  for  election  on 16.01.2022. Though there is a mistake happen here. The Presiding Officer wrongly published a election schedule on 03.01.2022 where he fixed on the date  of  election  was  on  25.01.2022,  but  subsequently  he  corrected  those schedule  and  also  informed  this  correction  schedule  to  the  Chairman, Bangladesh Madrasha Education Board.

On  16.01.2022  election  result  has  been  published  by  the  Presiding Officer and Number 8 eight member are elected finally which approved by the Presiding Officer, accordingly. Due to corona pandemic there is a delay have been occurred for holding meeting for elected the President of the Governing Committee. Lastly, on 25.09.2022 a meeting has been held with the presence of all the members and they unanimously agreed to elect Md. Abdul Hannan as a President of the Governing Committee.

On 29.09.2022, the Super of the Madrasha sent a letter to the Register, Bangladesh  Madrasha  Education  Board  for  approval  of  the  newly  elected Managing Committee in accordance with law. The authority earlier asking a report  regarding  the  formation  of  the  Managing  Committee  and  delay  the resolution for the first meeting of the committee accordingly, the explanation of the delay has been clearly given from the office of the Upazilla Secondary Education  Officer,  Gagni,  Meherpur  dated  26.09.2022.  On  03.11.2022,  a direction upon the Chairman, Deputy Register (Administration) sent a letter where he refused to approve of the said committee to the super of the Madrasha and where he stated that due to some reason the approval of the committee was not given and in view of that instruction were given to the super to submit a new application for formation of Adhoc Committee.

In the premises stated here in above, the petitioner filed a civil suit challenging the inordinate delay for not to sign the newly elected committee before  the  learned  Assistant  Judge  Court,  Gagni  Meherpur  being  suit  no. 138/2022 and thereafter, the respondent of this suit agreed to sign then the petitioner withdraw a civil suit on 28.09.2022.

Finding no other alternative efficacious remedy the petitioner has moved before this Court and obtained the instant Rule Nisi.

Mr. Md. Moniruzzaman, the learned Advocate for the petitioner submits that the report which has been sent from Upazilla Secondary Education Officer, Gangni on 26.09.2022 to the Register where he clearly explained how the election has been done and lastly he said that the election has been done in accordance with law as such a direction is seriously required from this Hon’ble Court to declared the letter illegal and also give a direction to approved the Governing committee as early as possible. 

Mr.  Tushar  Kanti  Roy,  learned  Advocate  appearing  on  behalf  of respondents opposed the Rule.

We have considered the submissions of the learned Advocate for both sides, perused the writ petition with annexure.

It  appears  that  the  authority  earlier  asking  a  report  regarding  the formation of the Managing Committee and the report which has been sent from the Upazilla, Secondary Education Officer, Gagni, Meherpur dated 26.09.2022 to the Registrar, Madrasha Education Board wherein he clearly explained how the election has been done and the election has been done in accordance with law. It also appear that due to corona pandemic there is a delay have been occurred  for  holding  meeting  for  elect  the  President  of  the  Governing committee. Lastly, on 25.09.2022 a meeting has been held with the presence of all the members and they unanimously agreed to elect Md. Abdul Hannan as a President of the Governing committee. But the respondents no action has been taken regarding this matter till now. At this stage, we think that ends of justice would be best served if we direct the respondents to approve the Managing Committee. Thus, the 2nd term of the Rule having merit.

Accordingly, the Rule is made absolute in part. The respondents are directed to approve the managing Committee as soon as possible preferably within 30 (thirty) days from the date of receipt of this order in accordance with law.

Communicate the judgment and order at once. Md. Atabullah, J:

I agree.