ULTRA VIRES TO THE CONSTITUTION OF INDIA (PAID)
3 years ago
By published Notification dated 10.01.2013, I have been duly appointed as Muhammadan Marriage Registrar for Bhagwangola PS area for the purpose of the registration of ALL Muhammadan Marriages and Divorces of the locality where there is no Shia Muhammadan Community resides. without ascertaining whether on which sect I belong to, the Dist. Registrar illegally issued a Notification dated 25.08.2017 inviting applications for TEMPORARY appointment of Muhammadan Marriage Registrar for SHIA SECT within my said jurisdiction. On receipt of single application, the Dist. Registrar, Murshidabad issued the above Notice for a particular person and thereafter he did not widely publish in the newspapers. The Dist. Registrar, Murshidabad has no authority to issue Notice in terms of derogatory proviso to Section 3 of the Bengal Muhammadan Marriages and Divorces Registration Act, 1876. It may be mentioned here that there is no definite mechanism to determine SUNNI or SHIA Muhammadan and the Second proviso extended beyond the intension of the Legislature. Kindly advice me whether the proviso to Section 3 of the Act is unconstitutional or Ultra Vires to the Constitution of India? if yes, please advice me grounds of challenge. Advice me others point.
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Suraj Kumar
Responded 3 years ago
and the conclusion is
1-sec 3 in not unconstitutional
2-you can challenge it that there is no mechenism to differ shiya and sunni.
4-you also can challenge your appointment.
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Sidhaarth
Responded 3 years ago
Per se, the Section 3 is not unconstitutional, but you can still challenge it on the grounds that it is arbitrary as there is no mechanism to define Sunni or Shia sect through a Writ Petition. You can also challenge your appointment as the marriage registrar through a writ petition.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Per se, the Section 3 is not unconstitutional, but you can still challenge it on the grounds that it is arbitrary as there is no mechanism to define Sunni or Shia sect through a Writ Petition. You can also challenge your appointment as the marriage registrar through a writ petition.
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