ABDUL MANNAN ALIAS MANU Vs. SAJEDUL HOQUE

JUDGEMENT

(1.) This appeal by leave is from the judgment and order of the High Court Division dated 22.6.93 in Writ Petition No. 1389 of 1982, making the Rule Nisi absolute. Md. Abdul Mannan @ Manu, respondent No. 4 in the writ petition, is the appellant before us.

(2.) It was the case of the writ petitioner Md. Sajedul Hoque (respondent No. 1 herein) that he was elected as the Chairman of Dapunia Union Parishad, Pabna Sadar Upazila, in 1988 and contested the same election for the same office on 22.1.92 but lost to the appellant Md. Abdul Mannan alias Manu by a narrow margin. Besides, respondent Nos. 5-13(both in the Writ petition and in this appeal) were elected as members thereof in the same election. The names of those elected persons were published in the Official Gazette on 5.3.92. The writ petitioner came to know from a Memo. dated 11.4.92 issued by the then Upazila Nirbahi Officer, Pabna Sadar that the oath taking ceremony of the newly elected Chairman and the members of the said Union Parishad would be held on 15.4.92. The said Upazila Nirbahi Officer by another Memo. dated 16.4.92 asked the writ petitioner to hand over the charge to the newly elected Chairman. The writ petitioner impugned in the writ petition both the aforesaid Memos. dated 11.4.92 and 16.4.92 on the ground that he was not liable to hand over charge as the offices of the Chairman and members had fallen vacant owing to their failure to take oath within the prescribed period and a fresh election should be held for those offices.

(3.) It was his case that section 9 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983), hereinafter called the Ordinance provides that every Chairman and member shall, before he enters upon his office, make, in the prescribed manner and within the prescribed period, an oath in the prescribed form. The Oath of Office (Union Parishads) Rules, 1983, hereinafter referred to as the aforesaid Rules, provides that every Chairman and member of the Union Parishad shall make an oath of office in the Form annexed to these rules before the Deputy Commissioner or such officer as may be authorised by him on such date not beyond thirty days from the date of publication of the names of persons elected or, as the case may be, from the date of their nomination, as may be determined by the Deputy Commissioner. The Rules further provide that if, for any reason, any Chairman or member fails to make an oath of office on the date so fixed, the Deputy Commissioner or any officer authorised by him shall administer the oath of office to such Chairman or member on a subsequent date fixed by the Deputy Commissioner for good cause shown. Section 13(b) of the Ordinance provides that the office of Chairman or member becomes vacant, if he falls to make the oath referred to in section 9 within the prescribed period, unless the Deputy Commissioner, for good cause shown, extends the period. The results of election of the said Union Parishad were published in the Official Gazette by the Election Commission on 5.3.92, as required under section 25 of the Ordinance. In terms of section 9 of the Ordinance, read with the aforesaid Rules the appellant and respondent Nos. 5-13 ought to have taken the oath of their office within thirty days from the said Gazette Notification i.e. within 5.4.92. The time for making the oath was also not extended for any good cause shown as required by section 13(b) of the Ordinance and sub-rule (2) of the aforesaid Rules. The writ petitioner contended that the offices of Chairman and members thus fell vacant under section 13(b). Further, he contended, under section 6 of the Ordinance the term of a Union Parishad shall be a period of three years commencing on the day of its first meeting after its constitution. Section 6(2) provides that a Union Parishad shall, after its constitution, hold its first meeting on such date, not later than thirty days from the day on which the names of its Chairman and elected members are notified in the Official Gazette, as may be appointed by the of the Local Government. The newly-elected Union Parishad has also not held its first meeting on a date not later than thirty days from the date of publication of the names n and member of the elected Chairman and members in the Official Gazette. Section 14 of the Ordinance provides that in the event the office of the Chairman or member becomes vacant not later than one hundred eighty days before the term of the Union Parishad is due to expire, an election or a nomination, as the case may be, to fill the office shall be held or made within sixty days of the occurrence of the vacancy, and the person who is elected in such election or nomination shall hold office for the residue of such term. The writ petitioner contended that the vacation of office of the Chairman and members and a fresh election thereof ought to be notified in the Official Gazette by the Election Commission under section 17 of the Ordinance.