(From previous issue)
14. In the given facts and circumstances, the issue to be resolved is whether the DO letter issued by the respective Member of Parliament can go to regulate the appointment of a Nikah Registrar within the frame work of the “Muslim Marriages and Divorce (Registration) Act, 1974 and the Rules, 2009. However, rule 8 of the Rules, 2009 prescribed the requirement to be eligible for appointment as a Nikah Registrar, which runs as under-
ÒcÖv_x©‡`I †hvM¨Zv, BZ¨vw`|- †Kvb e¨w³ wbKvn †iwR÷ªv‡ii jvB‡mÝ cvBevi †hvM¨ nB‡eb bv, hw` bv-
(K) wZwb miKvi KZ©”K ¯^xK…Z [evsjv‡`k gv`ivmv wkÿv †evW©, XvKv] KZ©„K wbewÜZ †Kvb gv`ªmv nB‡Z Avjxg mvwU©wd‡Kuavix bv nb;
(L) Zvnvi eqm Kgc‡ÿ GKzk Ges Ab~aŸ© [cuqZvwjøk] eQi bv nq;
(M) wZwb mswkøó GjvKvi evwm›`v bv nb|Ó
15. In addition to that rule 9 also prescribes certain documents to be affixed with the application of the aspirant candidate for having license of a Nikah Registrar of the respective area, which is quoted herein below-
ÒwbKvn †iwR÷ªv‡ii jvB‡m‡Ýi Rb¨ `iLv¯Í-wbKvn †iwR÷ªvi jvB‡m‡Ýi Rb¨ cÖwZwU `iLv¯Í, wbgœewY©Z KvMRcÎmn, dig ÔKÕ †Z mswkøó Dc‡`óv KwgwUi m`m¨ mwP‡ei wbKU `vwLj Kwi‡Z nB‡e h_t
(K) wZb Kwc cvm‡cvU© mvB‡Ri Qwe|
(L) wkÿvMZ †hvM¨Zvi mb`c‡Îi mZ¨vwqZ Kwc Ges
(M) RvZxq cwiPqcÎ ev BDwbqb cwil‡`I †Pqvig¨vb ev †cŠimfv ev wmwU K‡c©v‡ikb Gi KvDwÝji ev Kwgkbvi KZ©„K cÖ`Ë bvMwiK‡Z¡I mb`|Ó
16. In view of the above (2) two provisions of the Rules, 2009, along with the requirement to have the certificate issued by the Madrasha Education Board, along with the certificate as to whether he is within the age limit and that he is the resident of the respective area the candidate also has to produce the citizenship certificate to be issued by the Chairman of the respective Union Parishad or Mayor of the Pourashava or Counsellor of the Commissioner of the City Corporation or the National ID Card. However, in Form-Ka, as incorporated in the schedule which has been framed pursuant to rule 9, under clause 9 he has to mention the name and address of the person from whom he has obtained character certificate.
17. Mr Mamun Mahbub, the learned Advocate in this regard submits that the legislature having used the words Ò †h †Kvb ai‡bi Z_¨Õ in rule 11 while defining the word Am`vPib misconduct” thus, brings supply of forged DO letter by the petitioner within the mischief of misconduct and, as such, on the allegation of submitting forged DO letter, which has also been confirmed by the respective Member of Parliament on query by the Ministry concern vide Annexure-J of the supplementary affidavit, the petitioner was issued show cause notice, he gave reply and his reply having been found not satisfactory hence, it has been cancelled by the Ministry concern under rule 11 of the Rules, 2009.
18. It is evident that within the frame work of the Rules, 2009 DO letter being issued by the respective Member of Parliament of the respective constituency has no role to play towards issuance of license of a Nikah Registrar.
In that view of the matter, question of revocation of license will come into play only on the allegation of misconduct as defined in rule 11 of the Rules, 2009. However, one of the misconducts is Ò †h †Kvb ai‡bi Z‡_¨I wg_¨v eY©bvÓ In this regard, the word Z_¨ correspond to the information as provided under rule 8 of the Rules, 2009. Since the respondent-government has not alleged violation of rule 8 of the Rules, 2009 as such, on the allegation of submitting forged DO letter, which does not regulate the appointment of a Nikah Registrar cannot be cancelled within the framework of Rules, 2009, the license of the petitioner as a Nikah Registrar cannot be knocked down on that count only.
19. However, if it is found by the authority concern in an enquiry or investigation that the said DO letter has been produced by the petitioner resorting to forgery legal steps may be taken by the respondent concern in accordance with law.
20. In view of the facts and circumstances of the case, observations and findings made above we find substance so made by the petitioner and, as such, we are inclined to allow the same.
21. In the result, the Rule is made absolute.
22. The impugned Memo No. Bichar-7/ 2N-72/2003-243 dated 11-4-2011 (Annexure-H) issued under the signature of respondent No.2 cancelling the petitioner’s license of Nikah Registrar under Kapasia Union, Kapasia, Gazipur is hereby declared to have been issued without any lawful authority and is of no legal effect.
There will be no order as to costs.
(Concluded)
