KHALILUR RAHMAN (MD) Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This petition for leave to appeal by the writ-petitioner is from the judgment and order dated 21-7-99 passed by the High Court Division in Writ Petition No. 2386 of 1998 discharging the Rule Nisi.

(2.) The petitioner, an elected Chairman of Sailakupa Pourashava, District Jhenaidah, impugned Gazette Notification dated 2-7-98 publishing final list creating to delimitation of the Paurashava in the writ petition and obtained the Rule Nisi upon the respondents as to why the Gazette Notification should not be declared to have been made without any lawful authority and is of no legal effect.

(3.) Facts giving rise to the writ petition, briefly stated, are Prior to the impugned Notification respondent No. 2, the Deputy Secretary (Poura) Local Government Division, Ministry of LGRD and Co-operative of the Government of the Peoples Republic of Bangladesh issued a general notice dated 21-3-96 with a copy to the petitioner stating that the Government decided to elect one Commissioner for each ward and to create three reserve seats for women commissioners and for this a Paurashava shall consist of 9 wards and 3 reserved seats for women and the Thana Nirbahi Officer is to act as Delimitation Officer and there shall not be variation of population more than 10% in between the wards. The Delimitation Officer on 26-5-98 published the list of 9 wards, 3 reserved seats for women and the voter list and sent the same to the Ministry to which the petitioner filed an objection without any result. Thereafter respondent No. 2 published the impugned Gazette Notification declaring the final list of the wards showing area of each ward.