ASADUZZAMAN (MD) Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This appeal is on a certificate under Article 103(2)(a) of the Constitution. In discharging the Rule issued in the appellant's Writ Petition No. 349 of 1989 by its judgment dated 29.8.1989 the High Court Division gave a certificate that the matter involved a substantial question of law as to the interpretation of the Constitution, particularly Article 38 thereof.

(2.) In his Writ petition the appellant challenged the validity of certain amendments made in the Bangladesh Red Crescent Society Order, 1973 (P.O. No. 26 of 1973) by sections 2 (Kha) and 9 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. 14 of 1989). The appellant also challenged Notification No. S.G. 1313/3/89 dated 2nd March, 1989 issued by respondent No. 3, the Secretary-General of the Bangladesh Red Crescent Society, purportedly issued to give effect to the impugned amendments.

(3.) The appellant's case is that he has been a member of the Society since its inception in 1973, and its life-member since 1976; that he is the elected Vice-Chairman of the Magura District Unit; that after the election held on 7th December, 1988 the appellant including all other office-bearers of the District Unit has been functioning normally; that respondent No. 3, by the afore-mentioned memorandum dated 2.3.1989, directed the Chairman, the Vice- Chairman, the Secretary and other members of the District Unit to hand over charges to the Chairman of the Magura Zilla Parishad and other nominated Government functionaries.