ABDUL MANNAN BHUIYAN Vs. MONIRUL HUQ

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order passed by the High Court Division, Comilla Bench, Comilla in Writ Petition No. 32(C) of 1988. Respondent No.1 herein filed the aforesaid writ petition challenging the order of his removal as Chairman Chandina Upazila Parishad on the basis of no-confidence motion passed in a special meeting as per Rule 4 of the Upazila Parishad Chairman and Members (Resignation, Removal and Vacation of office) Rules, 1986 called hereinafter Upazila Parishad Rules.

(2.) Facts are as follows:- Chandina Upazila comprises of 12 Unions including Galli (north) Maizkhar and Barera (south). Respondent No. 1 was elected Chairman of Maizkhar Union and then he contested for the chairmanship of the Upazila Parishad and he was elected as Chairman of the said Upazila Parishad defeating his opponent one Mr. Red-wan, who, however, was subsequently elected as the member of the Parliament. The troubles started from here.

(3.) The casual vacancy of Chairman of Maizkhar Union Parishad was filled up when Abdul Hamid Bhuiyan was elected as Acting Chairman of the said Union Parishad. This Acting Chairman Abdul Hamid Bhuiyan was soon replaced by another acting Chairman namely, Md. Idris on 2.7.86. Then Mr. Abdul Mazid Master the elected Chairman of Gallai (north) Union Parishad was suspended on 28.11.85. Thereafter Monu Mia an elected member was elected as the acting Chairman of the Union Parishad who however, was replaced by another elected member namely Mobarak Hussain on 5.6.86. Then in Barera (south) Union Parishad Ramuzuddin, the elected Chairman was suspended by the Government on 29.11.86 in his place Abdul Aziz an elected member was elected as acting Chairman but he too was replaced on 4.12.86 by another member namely, Abdul Gani. The petitioner alleged that by .such devices acting Chairmen were brought as representative members of the Upazila Parishad in order to remove him.