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Judgment
The Court proceedings have been conducted through online court proceeding services due to the prevailing situation in the State due to Covid-19
pandemic.
Heard Mr. T.J. Mahanta, learned Senior Counsel assisted by Mr. A.K. Talukdar, learned counsel for the applicant; Mr. K. Gogoi, learned Additional
Senior Government Advocate for the respondent nos. 1 & 4; and Mr. J. Handique, learned Standing Counsel, Revenue and Disaster Management
(Registration) Department for the respondent nos. 2 & 3. Though Mr. M.H. Ahmed, learned counsel had appeared on behalf of the respondent no. 5
as caveator on 05.07.2021, Mr. U.K. Nair, learned Senior Counsel assisted by Mr. N. Islam, learned counsel has appeared today for the said
respondent.
The writ petition pertains to the matter of appointment of Muslim Marriages and Divorces Registrar (MMR) & Kazi on temporary basis for the areas
under Moirabari Police Station District- Morigaon. The father of the petitioner was earlier functioning as MMR & Kazi for the areas under the
Moirabari Police Station but after his death on 15.03.2021, the said post has become vacant. The interlocutory application, I.A.(C) no. 1107/2021 has
been filed for bringing some additional documents in support of the writ petition.
Mr. Mahanta has submitted that during the tenure of the petitioner’s father as MMR & Kazi, the petitioner was appointed as a Naib Kazi. After
the vacancy has arisen, the respondent o. 5 has been temporarily appointed as MMR & Kazi by the impugned order dated 15.06.2021. Contending
that the said temporary appointment of the respondent no. 5 is contrary to the rules, the petitioner has assailed such temporary appointment.
It has been submitted that as per Rule 13 of the Assam Muslim Marriages and Divorces Registration Rules, 1935 (‘the Rules’, for short),
whenever a vacancy arises in the post of MMR, the District Registrar shall have to nominate a suitable person to act as substitute from the list of
candidates maintained in his office for the said purpose. A temporary license will only be issued by the Government on his recommendation to the
selected candidate. Rule 14 of the said Rules has further provided that when a permanent vacancy occurs in the office of the MMR & Kazi, a notice
calling for applications to be filed within 1 (one) month shall be posted at the District and Sub-Divisional Sub-Registry Offices. The District Registrar
has to make his nomination from the applications filed and the nomination will be scrutinized by the Permanent Committee under Rule 3.
Mr. Nair has submitted that the District Registrar has nominated the respondent no. 5 and the Inspector General of Registration, Assam has
forwarded the said nomination to the Government. The Government, has in turn, appointed the respondent no. 5 temporarily in the office as MMR &
Kazi for the areas under Moirabari Police Station. He has further submitted that as per Section 3 of the Kazis Act, 1880, whenever a Kazi ceases to
operate, any Naib Kazi appointed by such Kazi, also ceases to operate.
Issue notice, returnable on 06.08.2021.
As all the respondents are represented by the respective learned counsel, no formal notice need to be issued to the respondents. Mr. Talukdar, learned
counsel for the petitioner shall, however, furnish requisite number of extra copies of the writ petition to the learned counsel for the respondents.
It is not discernible from the communication dated 10.05.2021, annexed as Annexure-2 to the interlocutory application, that the District Registrar has
forwarded the case of the respondent no. 5 by nomination out of a list maintained for the purpose as per Rule 13.
Pending further consideration of the issue raised in the writ petition the impugned order dated 15.06.2021 (Annexure-J to the writ petition) shall be
kept in abeyance.
Pendency of this writ petition shall not be a bar for the respondent authorities to initiate the process and appoint MMR & Kazi for the areas under
Moirabari Police Station, District- Morigaon in accordance with the rules and regulations.