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 Re