HABIGANJ PALLY BIDHUT SAMITY Vs. SYED TAFAZZUL ISLAM

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 31.8.2006 passed by a Division Bench of the High Court Division in Writ Petition No.751-5 of 2005 making the rule absolute.

(2.) The fact briefly stated is that the petitioner was elected as the President of the Habiganj Palli Biddut Samity in the year 1993 and since then he had been successfully continuing as the President for the said Samity till 4.10.2005 when he was suddenly removed as the President by the impugned Memo dated 4.10.2005 without affording him an opportunity of showing cause in violation of section 4(VIII) of the Habiganj Palli Biddut Samity By Laws. The petitioner thereafter moved the High Court Division and the High Court Division by the impugned order dated 31.8.2006 made the rule absolute.

(3.) Mrs. Sufia Khatun, the learned Advocate-on-Record for the writ-respondent petitioner submits that the Rural Electrification Board being a statutory body has not been made party which is a necessary party in accordance with section 3(2) of Rural Electrification Board ordinance, 1977. She next submits that the High Court Division erred in law in failing to consider that since the writ petitioner was removed from his post in compliance with all the legal formalities as laid down in By-Laws of the Rural Electrification Board the order of removal was not liable to be interfered with. She lastly submits that the hearing of the rule was made on an off date which date was fixed for motion hearing only and the court after hearing the rule passed the judgment and pronounced the same on the same date without any information to the respondents. Hence the respondents were prejudiced.