PIL 23/2007 BEFORE THE HON’BLE MR JUSTICE D. BISWAS, CHIEF JUSTICE(ACTING) THE HON’BLE MR. JUSTICE H.N. SARMA 28-3-2007 Heard Mr. N.N. Karmakar, learned counsel for the petitioners and Mrs. B. Goyal, learned State counsel, Assam. In this PIL the petitioners have challenged the legality and validity of the not ice of election dated 28.2.2007 issued by the Commissioner appointed by the lear ned District Judge, Kamrup, Guwahati for holding the election to constitute the management committee of the Hajo Powa Macca Dargah with Khadim and 11(eleven) ot her members. The aforesaid notice was issued in terms of the order passed by the learned Dist rict Judge, Kamrup, Guwahati. The petitioners though have quashed the authority of the District Judge, has not also challenged the order dated 8.2.2007 passed b y the learned District Judge, Kamrup, Guwahati directing for holding the electio n. It is stated at the Bar that the term of the earlier elected body has already ex pired and election for constituting the management of the Dargah is long overdue . The grievance of the petitioners is that the learned District Judge has no jurisdictional authority to direct for holding election of the said Dargah and t o interfere with its functioning. The management of the Dargah is running in te rms of the scheme prepared as per the judgment and decree passed in Title Suit N o. 3/1919 dated 10.6.24 u/s 92 of the C.P.C. In terms of the said judgment, a detailed scheme has been prepared for management of the Dargah in the aforesaid suit. The claim of right of the present petitioners have already been settled i n the said suit. In this PIL, the petitioners have not fully highlighted as to how and in what ma nner they are aggrieved by election notice issued as per instruction of the lear ned District Judge although the term of the earlier elected body is already over . The election of the management body of the Dargah is being conducted under the s upervision and direction of the District Judge since the passing of the judgment and decree in Title Suit No. 3 of 1919 and framing of the scheme u/s 92 of the C.P.C. as stated above. It is also stated by the learned State counsel that in terms of the impugned not ice the election to constitute the managing committee has already been held, lea ving only to declare the result which could not be done in terms of the interim direction passed in this PIL. As the election of the managing committee, as per the scheme framed in Title Sui t No. 3 of 1919, has already been conducted and the right of petitioners have al ready been settled in the said suit, we do not see any justifiable reason to kee p this petition pending which needs no further adjudication. The grounds agitate d by the petitioners do not pertain to public interest to be adjudicated in a PI L. In view of the aforesaid discussion, this PIL stands closed and the interim orde r passed earlier on 26.3.2007 stands vacated. The Commissioner is directed to d eclare the result of the election already held, upon which the new managing comm ittee of the Dargah would be formed for proper and effective management and admi nistration of the Shrine.