Kamaruzzaman v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 24235 of 2022 Kamruzzaman VS The State of West Bengal & Ors.

Mr. Sufi Kamal Ms. Shireen Hossain ...... for the petitioner Ms. Sunita Guha .......For Madrasah Board Mr. Gourav Das .... For the State Affidavit of service filed in Court today, is Court No. 22 06.12.2022 (Item No. 109) (AB) taken on record.

The petitioner is a looser in the election process in respect of the election of Managing Committee of GSA High Madrasah (H.S.), District - Malda who participated in the election. The claim of the petitioner would appear from page 18 to the writ petition which was a representation dated September 21, 2022 made before the concerned Sabhapati respondent No. 4. The said representation shows allegation of serious manipulation in the polling and connected irregularities. Since it pertains to an election of the Governing Body of a Madrasah, the same is governed under Management of Recognized Non-Government Madrasahs (Aided and Un-Aided) Rules 2002. Rule 33 of the said Rule specifically provides that, in case of any doubt or dispute in the matter of holding election at any stage, the matter

shall be referred to the Board whose decision shall be final.

In view of the said available alternative statutory remedy to the petitioner, this Court is of the mind not to entertain this writ petition.

However, it is made clear that, this Court has not gone into the merits of the claim in the writ petition in any manner. In the event, the petitioner exercises his remedy under the relevant law, the appropriate authority shall not be influenced by any observation made by this Court in this order. In view of the above, this writ petition being WPA 24235 of 2022 stands dismissed.

There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)