LAWS(BANG)-1993-3-1

ABDUS SATTAR (MD) Vs. GOVERNMENT OF BANGLADESH

Decided On March 31, 1993
Abdus Sattar (Md) Appellant
V/S
Government Of Bangladesh Respondents

JUDGEMENT

(1.) This petition for leave to appeal is from the judgment and order dated 28.2.93 passed by a Division Bench of the High Court Division dismissing summarily Writ Petition No. 239 of 1993 in which the petitioner challenged the vires of section 19(2) of the Co-operative Societies Ordinance, 1984 as being violative of Articles 27 and 38 of the Constitution.

(2.) The petitioner was elected a Member of the Managing Committee of the Kotwali Thana Central Co-operative Association Ltd, Comilla for three consecutive terms, i.e. for the sessions 1986-88, 1988-90 and 1990-92. His term will expire on 5.5.93. Section 19(2) of the Co-operative Societies Ordinance, 1984 provides that no person who has been a Member of a Managing Committee for consecutive 3 years shall be eligible for being elected as an Officer of such Society unless a period of 2 years has elapsed before the expiry of his last term as such a Member.

(3.) The High Court Division held that the impugned law not only applies against the petitioner but also against all persons who had been Members of a Managing Committee for 3 consecutive terms and therefore there is no violation of Article 27 of the Constitution. The High Court Division also held that there is no violation of Article 38 of the Constitution as the impugned law imposes reasonable restriction and does not curtail or offend the right to form associations or unions.