Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Local Government (City Corporation) Act, 2009
Section/Order/Article/Rule/Regulation Head Note
Section 9(2)(ga)

The term 'election' includes the whole election process passing through several stage and a dispute in any stage is an election dispute which can be challenged and determined only by an election petition after conclusion of the final stage of the process. Law does not contemplate intervention of any Court during any intermediate stage of the election process. Iqbal Hossain (Md) vs Bangladesh 17 BLC (AD) 42. ....View Full Judgment

Sections 9 & 13

The writ-petitioner may be a person wanted in a criminal case by virtue of the order dated 7-3-2016 passed in GR No.4477 of 2012. Because at the time of issuance of Rule Nisi, he was not a fugitive and the subsequent development of the criminal case or any other criminal proceeding would not be a bar to entertaining his case in writ jurisdiction unless it is found that he has become disqualified to hold the office as a specified in section 9 or 13 of Ain, 2009. .....Ministry of LGRD =VS= Mosaddek Hossain, (Civil), 2017 (2)– [3 LM (AD) 399] ....View Full Judgment

Section 12 (1)

The Appellate Division held that the provision of suspension of an elected Mayor or Councilors of the City Corporation as contained in section 12 (1) of the Ain, 2009 is generally consistent with, or intra vires the Constitution. In other words, section 12 (1) is not generally ultra vires the Constitution. In the instant case, the arbitrary exercise in discretionary power is apparent from the certified copies of the charge-sheets submitted in various police cases. The same charge-sheets were submitted against the writ-petitioner being the elected Mayor and also against a number of Ward Councilors of the same City Corporation and the same have been accepted by the Court. But the Government has opted not to suspend those Councilors. Such an action against the writ-petitioner is no doubt discriminatory and arbitrary. Government of Bangladesh, represented by the Secretary, Ministry of the Local Government, Rural Development and Co-operative, Bangladesh Secretariat, Shahbagh, Dhaka and others.
Md. Nizam-ul-Azim -Vs.- Mohammad Mosaddek Hossain and others. (Civil) 11 ALR (AD) 119-122 ....View Full Judgment