BANGLADESH Vs. MD. ABDUL KAYUM MIAH

JUDGEMENT

(1.) This petition for leave to appeal, at the instance of writ respondent Nos. 1-5, is directed against the judgment and order dated 9th December, 2009 of a Division Bench of the High Court Division in Writ Petition No.8990 of 2008 making the rule nisi absolute.

(2.) Respondent No.1 instituted the above writ petition stating that he along with some other owners of vehicles formed

(3.) The writ respondent No.8 contested the rule nisi by filing an affidavit-in-opposition. Its case is that Faridpur District Minibus Owners Group is a different Trade Organization which group obtained licence under the provisions of Trade Organization Ordinance, 1961. The writ petitioner was selected as President of the Faridpur District Minibus Owner Group for the years 2000-2001 and he was elected as President for the years 2002-2004. After expiry of the term, no election was held for the office of President for which the Faridpur District Minibus owners Group filed an application to the then Minister of Commerce on 12th June, 2005, for appointing an administrator. Pursuant to such application the Deputy Commissioner, Faridpur submitted an inquiry report and on the basis of the said report, the administrator was appointed. The election of the Faridpur District Minibus Malik Group is scheduled to be held on 25th January, 2010. The writ petition is not legally maintainable and rule nisi is liable to be discharged.