TAFAZZAL HOSSAIN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 13.07.2009 passed by the High Court Division in Writ Petition No.2375 of 2001 rejecting the application for restoration and discharging the Rule.

(2.) The facts, in short, are that by a notification issued by the Local Government, Rural Development and Co-operative bearing S.R.O. No.98 of 2001 dated 19.04.2001 published in the Gazette Extraordinary on 29.04.2001 Mouza Noagram (J.L. No.104), Mouza Khasa (J.L.No.105), Mouza Khasaripara (J.L.No.102), Mouza Fatehpur (J.L.No.107), Mouza Kashba (J.L.No.106) and Mou Sreedhara (J.L.No.109) were constituted a new Municipality named Bianibazar Pourashava with effect from 30.04.2001 under Rule 5 of Declaration and Alteration of Municipalities Rule, 1978 the said areas of the unions being earlier declared as urban areas under the Pourshava Ordinance, 1977. The said notification being S.R.O. No.98 Ain/2001 as published in the Gazette Extraordinary dated 29.04.2001.

(3.) The election of Bianibazar Union Parishad was held on 04.02.1997 and the petitioner was elected as Chairman of the abovementioned Union Parishad and his name was published in the Gazette Notification dated 22.02.1998.