MD. HABIBUR RAHMAN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This application for Leave to Appeal under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the Judgment and order dated 14.12.2005 passed by the High Court Division in Writ Petition No.6093 of 2004 discharging the Rule.

(2.) The case of the petitioner, in short, is that the petitioner is the elected Chairman of No.10 Jalalpur Union Parishad under Kotiadi Police Station, District-Kishoreganj having been elected on 04.02.2003 and he had been discharging his duty honestly and sincerely, on 31.07.2004 a meeting was held in No.10 Jalalpur Union Parishad in the absence of the petitioner. One Md. Asaduzzaman Bhuiyan presided over the meeting and a no-confidence typed proposal was accepted in that meeting and requested the Upazila Nirbahi Officer, Kotiadi to take necessary steps and the Upazila Nirbahi Officer, Kotiadi after receiving the resolution dated 31.07.2004 appointed the Upazila Education Officer, Kotiadi as authorized officer on 01.08.2004 for taking necessary action as per Rule 2(a) of the Union Parishad Chairman and Member (Resignation, Removal and Vacation of Office), Rules, 1984 and pursuant to that action a special meeting of No. 10 Jalalpur Union Parishad was held on 23.07.2004 and Upazila Education Officer, Kotiadi presided over the said meeting. The petitioner, was asked to reply within 7 days why the notice of no-confidence shall not be accepted against him; he was also asked to be present in the Special Meeting of the Union Parishad to be held on 08.08.2004 along with the evidence for the purpose of investigation, the petitioner submitted his reply denying the allegations brought against him, the copy of the reply has been annexed as Annexure-E. Thereafter, on 23.08.2004 a Special Meeting of the said Union Parishad was held and no-confidence motion was accepted and the Upazila Nirbahi Officer was requested to take necessary steps, the copy of the report has been annexed as Annexure-H and HI respectively. The respondent No.4 the Deputy Commissioner, requested the Secretary of the Local Government Division to remove the Chairman, No. 10, Jalalpur Union Parishad; the letter has been annexed as Annexure-I to the Writ petition. Respondent No.2 requested the concerned authority to publish Gazette Notification under regulation 12(2) of the Union Parishad Chairman and Member (Resignation, Removal and suspension) Regulation, 1984. It has been asserted that the post of the Chairman of No. 10 Jalalpur Union Parishad was declared vacant with a malafide intention and without lawful authority. It has been further asserted that as per Section 12(2) of the Local Government Union Parishad Ordinance, 1983 before removing a Chairman it is necessary to inquire about the charge against him, the authority without recording its reasons for removing has issued the removal order of the petitioner.

(3.) Respondent No. 1 contested the Rule by filing affidavit in opposition stating, inter alia, that the authority after receiving no-confidence proposal of 10 Members of the said Union Parishad appointed Upazila Education officer, Katiadi as authorized officer who called special meeting of the said Union Parishad and asked the petitioner to be present in the special meeting. Though the petitioner replied to the show cause notice but avoided the special meeting intentionally. Thereafter, the authorized officer requested the Upazila Nirbahi Officer to take necessary steps in that regard. Accordingly, the Upazila Nirbahi Officer requested the Deputy Commissioner, Kishoreganj to forward the said no-confidence proposal to the Government for approval. The Deputy Commissioner requested the secretary, Local Government Division to remove the petitioner from the post of Chairman No.10 Jalalpur Union Parishad. The authority as per Union Parishad Chairman and Members (Resignation, Removal and Vacation of Office) Rules, 1984 declared the post of the Chairman of No.10 Jalalpur Union Parishad vacant by accepting the no-confidence motion through Gazette Notification. It has been asserted that the Authority after following the prescribed Rules declared the post of Chairman of No.10 Jalalpur Union vacant. It has been further asserted that Regulation 12 of the Union Parishad Chairman and Members (Resignation, Removal and Vacation of Office) Rules, 1984 does not contemplated recording of the reasons for approval.