Court No. - 7 Case :- WRIT - C No. - 31645 of 2019 Petitioner :- C/M Madarsa Rahmate Niswa And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Vijay Kumar Singh(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Hritudhwaj Pratap Sahi, learned counsel for the petitioners contends that the petitioner no. 2 was elected as Manager of the society. The elections have been registered by the Assistant Registrar, Firms, Societies and Chits, Allahabad. The petitioners have submitted an election claim and made a representation to the respondent no. 3, District Minority Welfare Officer, Allahabad to attest her signatures as Manager of the institution.
The only prayer made by Sri Hritudhwaj Pratap Sahi, learned counsel for the petitioners is that the representation of the petitioners may be decided within a stipulated period of time.
Learned Standing Counsel submits that the attestation of signatures requires verification of facts. He, however, submits that respondent no. 3 is under obligation of law to do necessary enquiry and pass orders within a reasonable period of time.
In light of the submissions of the parties, matter is remitted to the respondent no. 3, District Minority Welfare Officer, Allahabad.
A writ of mandamus is issued commanding the respondent no. 3, District Minority Welfare Officer, Allahabad to decide the representation of the petitioners for attestation of her signatures as Manager of the society, within a period of six weeks from the date of receipt of a certified copy of this order along with a fresh copy of the representation and all other supporting testimonials.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioners been judged on merits. It is for the competent authority to do so after independent application of mind in accordance with law.
The writ petition is disposed of finally.
Order Date :- 27.9.2019 Dhananjai