IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3117 of 2007 ANJUMAN TARAQQUI-E-URDU, BIHAR, SECOND FLOOR, URDU BHAWAN, MOHALLA CHAWHATTA, P.S. PIRBAHORE, DISTRICT PATNA THROUGH ITS JOINT SECRETARY, DR. NAJEEB AKHTAR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF MINORITY WELFARE, GOVERNMENT OF BIHAR, SECRETARIAT BUILDING, PATNA-1 3. THE DEPUTY SECRETARY, DEPARTMENT OF MINORITY WELFARE, GOVERNMENT OF BIHAR, SECRETARIAT BUILDINGS, PATNA-1 4. THE UNDER SECRETARY, DEPARTMENT OF MINORITY WELFARE, GOVERNMENT OF BIHAR, SECRETARIAT BUILDINGS, PATNA-1 5. ABDUL QUAYUM ANSARI SON OF NOT KNOWN, RESIDENT OF ALAM MANZIL, SABZIBAGH, P.S. PIRBAHORE, DISTRICT PATNA. 6. THE ANJUMAN TARAQQUI-E-URDU, HIND, URDU GHAR MARG, 212, ROUSE AVENUE, NEW DELHI-110002 THROUGH ITS GENERAL SECRETARY 7. DR.KHALIQUE ANJUM, GENERAL SECRETARY, ANJUMAN TARAQQUI-E-URDU, HIND, URDU GHAR MARG, 212, ROUSE AVENUE, NEW DELHI-110002 ----------- For the Petitioner : Mr. Ravi Verma, Sr. Advocate Mr. K.N. Sahay, Advocate For the State : Mr. Kumar Alok, SC 19 For Respondent no.6: Mr.Shri Prkash Srivastav,Advocate For Respondent no.7: Mr. Khurshid Alam. Advocate 16 30.11.2009 The petitioner prays for quashing the office order dated 22.1.2007, contained in Annexure-10, issued by the Deputy Secretary, Minority Welfare Department, Government of Bihar vide memo no.Aa- San-Ka-12-07/2005-128 by which respondent no.5 was recognized as President and respondent no.6 as Secretary of Anjuman Taraqqui-E-Urdu, Bihar pursuant to letter of Joint Secretary, Anjuman Taraqqui-E-Urdu Hind, New Delhi. The Anjuman Taraqqui-E-Urdu (hereinafter referred to as ‘the Anjuman Bihar’) is a registered society vide registration no.202 of 1950-51 dated 24.2.1951 having its Head 2 office at New Delhi and one of the branches at Patna. The Patna branch office is governed by its bye-laws which is annexed as Annexure-1. According to the bye-laws, the working committee will constitute of ten members of the Society to be elected by the members (councilors) of the Society in the General Body (Council) meeting. Out of 10 of the office bearers, there would be one President, four Vice President, one Secretary, three Joint Secretary and one Treasurer. The petitioner claims that he has been authorized to file the instant case by the resolution of the petitioner Society. The previous Executive Committee was elected for a period of six years and one Mr. Abdul Moghni was elected as President and respondent no.5 was elected as Secretary. As per bye-laws in case a vacancy arises in the working committee on account of resignation or death, the same will be filled up by election. The petitioner alleges that respondent no.5 Abdul Quayum Ansari defalcated huge money and committed various illegalities. The enquiry committee also indicted him. A report of the enquiry committee has been annexed as Annexure-3. Thereafter, the working committee in its meeting dated 30.7.2006 took a resolution to expel him from the post of Secretary. The working committee also resolved to request the President to reconstitute the working committee by general body of the Society. The petitioner further contends that the President also wrote a letter dated 4.8.2006 to the Secretary cum Commissioner, Minority Welfare Department annexing a 3 copy of the resolution of the working committee dated 30.7.2006. The petitioner states that a new working committee was constituted on 7.8.2006 and Prof.Abdul Moghni was made President and Fakhruddin Arfi was made a Secretary and accordingly a communiqué dated 7.8.2006 was issued mentioning the name of all its office bearers and members of the working committee. Thereafter, a first information report being Pirbahore P.S. Case No.25 of 2006 dated 24.8.2006 was instituted under sections 420 of the Penal Code against respondent no.6. However, in the meanwhile, the President namely Prof. Abdul Moghni died on 5.9.2006. Thereafter, in the meeting dated 17.9.2006, the working committee elected Mr. M.O. Siddiqui, a Senior Vice President as President of the Working Committee. The petitioner states that in the meantime respondent no.8 Khalique Anjum, General Secretary, Anjuman Taraqqui-e- Urdu Hind, New Delhi wrote a letter dated 22.9.2006 to the Chief Minister as well as Minister of State for Minority Welfare and Secretary, Minority Welfare stating that he has asked respondent no.5 Haroon Rashid to take charge of the President and to continue respondent no.6, as the Secretary of the Executive Committee. Consequent to the aforesaid letter of respondent no.7 the Deputy Secretary, Minority Welfare Department issued office order recognizing respondent no.5 as President and respondent no.6 as Secretary. The petitioner 4 submits that the impugned order issued by the Ministry of Minority Welfare is illegal as respondent no.8 has no power to appoint the President or the Secretary of the Society. The petitioner society also made protest to the government. A counter affidavit has been filed on behalf of respondent no.6 stating therein that the petitioner is a usurper of post of Joint Secretary and has no legal authority to file the instant case. He stated in paragraph 9 that the petitioner Najeeb Akhtar is charge-sheeted in case of Fakhruddin Ali Ahmad Teachers Training College, Laherisarai. The State has also filed counter affidavit wherein in paragraph 7 it has been stated that election of Executive Committee was held on 19.10.2003 and Mr. Abdul Moghni, now deceased, and respondent no.5 were elected as President and Secretary for six years. The State has also annexed Annexure-C wherein respondent no.6 had written a letter to the Secretary, Minority Welfare Department that he had asked Haroon Rashid, Working President to take charge of President of the Anjum. It has further been stated that respondent no.6 had submitted his audit report and utilization certificate. In paragraph 10 it has been stated that the Committee of the petitioner Dr. Najeeb Akhtar was not an authorized and legal one and it was neither elected nor formed under the supervision and administration of the General Secretary, Anjuman Taraqqui-e-Urdu Hind, New Delhi. It has further stated that the petitioner was not empowered 5 to suspend respondent no.2 or to constitute an enquiry committee. Respondent nos.6 and 7 have also filed counter affidavit. Respondent no.7 is Khalique Anjum, General Secretary, Anjuman Taraqqui-e-Urdu, the central body of Anjuman. He states that the election of Anjuman Taraqqui-e-Urdu, Bihar has to be held under the supervision and control of Anjuman Taraqqui-e-Urdu Hind, New Delhi. The previous election was held on 19.10.2003 in which Prof. Abdul Moghni was elected as President and respondent no.6 was elected as Secretary. The next election was due after six years i.e. after 19.10.2009. He submits that the petitioner has no locus standi to file this writ petition as his Society is not recognized body. He submits that the election of Anjuman Taraqqui-e-Urdu Bihar was held on 13.2.2008 under the supervision of respondent no.7 in which new office bearers have been elected on 13.2.2008. It has been stated that Dr. Ishri Arshad has been elected as President and the present respondent no.6 namely Abdul Qaiyum Ansari has been elected as Secretary. A photo copy of the certificate of holding election has been annexed as Annexure-R/1. It appears from the affidavits of all the parties that the elections are to be held every six years. The previous election was held on 19.10.2003 and next was due after 19.10.2009. However, as per respondent 5 to 7 a fresh election has been held on 13.2.2008. It further appears that on account of death of the 6 President late Prof. Abdul Moghni a new working committee was constituted in which Prof. M.O. Siddiqui was elected as President alongwith other office bearers. Both respondent no.7 and the State Government have stated that the petitioner is usurper of office and he did not have authority either to suspend or constitute any enquiry committee. In view of the admitted position that the term of the previously elected members expired after six years of its election and as such the prayer of the petitioner for quashing the impugned order has become infructuous. Further more the respondent no.8 has claimed that new office bearers have been elected under his supervision on 13.2.2008 during the pendency of this writ petition. The petitioner asserts that no election as per bye laws took place and so called election on 13.12.2008 was a paper transaction and to overreach the order of this court. This court while issuing notice to respondents by order dated 27.11.2007 had stayed the operation of Annexure-10 which was the order of the State Government recognizing Haroon Rashid as President and respondent no.6 as Secretary. The parties have staked claim and counter claim. Each of them asserts that election held, as claimed by them, is in accordance with bye-laws. This court further notices that during the stay of operation of Annexure-10, as per respondent no.7 an election was held in his supervision on 13.2.2008 which elected Dr.Ishri Arshad as President and respondent no.6 namely Abdul 7 KHAN Qaiyum Ansari as Secretary. It appears that this court at no point of time has been apprised that a fresh election is being conducted. Up till now, the State Government has also not recognized the new Committee. A new full fledged election was due after 19.10.2009 only. In view of the aforesaid facts, I think it would be appropriate that a fresh election of Anjuman Tarrqqui-e-Urdu, Bihar, be held within three months from today in accordance with bye laws. Till then, the Committee as elected on 13.2.2008 under the supervision of respondent no.7 would function by way of interim arrangement. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)