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2022 DIGILAW 1068 (JHR)

Syed Iqbal Hussain v. State of Jharkhand

2022-08-26

RAJESH SHANKAR

body2022
ORDER : 1. Learned counsel for the petitioner prays for and is permitted to implead “the Deputy Commissioner, Ranchi” and “the Senior Superintendent of Police, Ranchi” as respondent nos. 9 and 10 respectively in the present writ petition. 2. Necessary insertion in the cause title of the writ petition be made by the counsel for the petitioner in course of the day. 3. Since, Mr. Jai Prakash, learned AAG-IA, already appears on behalf of the respondent-State of Jharkhand, there is no need to issue notice to the newly impleaded respondents in this case. 4. The present writ petition has been filed inter-alia with following reliefs: (i) For quashing the office order as contained in memo no. 143 dated 21.07.2022 (Anneuxre-3 to the writ petition) issued by the respondent no. 4-Chief Executive Officer, Jharkhand State Sunni Waqf Board, Ranchi by which “Aakshep Committee” has been constituted by the said respondent consisting of five members which is not in accordance with the provisions of Bye-laws/Rule of Anjuman Islamia, Ranchi as well as the specific directions of this Court given in the order dated 13.07.2022 in W.P. (C) No. 2044 of 2022 With W.P. (C) No. 4307 of 2021. (ii) For quashing the Notification dated 10.08.2022 (Annexure-12 to the writ petition) issued under the signature of the respondent no. 4 whereby the schedule of holding the election mentioned therein has been published, considering the fact that entire process is being done by the “Aakshep Committee” which, according to the petitioner, has not been constituted as per the direction given by this Court in the order dated 13.07.2022 passed in the aforesaid writ petitions. (iii) For issuance of direction upon the respondent no. 4 to constitute “Aakshep Committee” in accordance with the Bye-laws/Rules of Anjuman Islamia, Ranchi as well as in terms with the directions of this Court given in the order dated 13.07.2022 passed in the aforesaid writ petitions. (iv) For issuance of direction to the concerned respondents to allow the petitioner to conduct election of Anjuman Islamia, Ranchi (Waqf No. 1701) in accordance with law. 5. After some argument, Mr. Rajendra Krishna, learned counsel for the petitioner, does not press the case on merit. He, however, submits that since the election of Anjuman Islamia Waqf is scheduled to be held on 29.08.2022, the respondent nos. 5. After some argument, Mr. Rajendra Krishna, learned counsel for the petitioner, does not press the case on merit. He, however, submits that since the election of Anjuman Islamia Waqf is scheduled to be held on 29.08.2022, the respondent nos. 9 and 10 may be directed to deploy sufficient police force so as to maintain proper law and order as well as to ensure fairness in election process. 6. At this juncture, Mr. Afaque Ahmad, learned counsel for the respondent no. 4, submits that the election process of Anjuman Islamia Waqf is being undertaken by the respondent no. 4 strictly in terms with order dated 13.07.2022 passed by this Court in the aforesaid writ petitions. However, due to shortage of manpower in the said Waqf, he requires few personnel from Ranchi district administration for smoothly conducting the election as well as for counting of votes which are scheduled on 29.08.2022 and 30.08.2022 respectively. 7. Considering the said submission, if the respondent no. 4 requests the respondent no. 9 seeking assistance of few personnel from Ranchi district administration for polling as well as counting purposes, the respondent no. 9 shall ensure availability of required number of personnel on the said dates. 8. So far as the apprehension shown by learned counsel for the petitioner regarding breach of peace and fairness of election process on the date of polling and counting of votes, the respondent no. 10 is directed to ensure that proper law and order is maintained during the process of polling and counting of votes on 29.08.2022 and 30.08.2022 respectively and if he feels that there is requirement of deployment of additional forces, he is at liberty to do depending upon the situation. 9. The writ petition is disposed of with aforesaid direction. 10. I.A. No. 7798 of 2022 also stands disposed of.