Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Local Government (Union Parishad) Ordinance 1983 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Section 3 |
The Declaration and Alteration of limits of Union Rules, 1983— Rule
2(1)— Power of Deputy Commissioner to divide and reconstitute rural
areas—
|
Abdul Maleque Vs. Secretary Ministry of Local Government | 1 MLR (AD) 289 |
Rule 6 |
Election dispute— Recounting of ballot papers— Unless a very strong foundation is laid by evidence on record requiring recounting of ballot papers for effective adjudication of the dispute, recounting of ballot papers should not be resorted to as a matter of course. Abdul Latif Bepari Vs. Md. Nurul Islam Howlader & others. 5 MLR (2000) (AD) 298. |
Abdul Latif Bepari Vs. Md. Nurul Islam Howlader & others. | 5 MLR (AD) 298 |
Section 6(2), 9 and 13(b) |
The Oath of Office (Union Parishads) Rules, 1983, Rule—2
|
Syed Hedayet Ali Vs. The Chief Election Commissioner and others, | 16 BLD (AD) 121 |
Section 6(1) |
Term of union parishad
|
Md. Abdus Sobhan & Anr. Vs Md. Abdu Salter & Ors. | 7 BLT (AD) 3 |
Section 7(2)(e) |
Disqualification for election—
|
Mqfizul Huq Vs. Mostafizur Rahman and others. | 1 MLR (AD) 223 |
Section 7 (2) (e) |
The appellant has been serving as the Headmaster of the Sammilani Girls High School. The said school is a recognised nongovernment school and the appellant was elected chairman of the union parishad in 1973, 1977, 1983 and 1992 and that he is still functioning as the chairman thereof - A recognised non-government secondary school does neither become a statutory body nor a ‘Local authority’ within the meaning of the General Clauses Act. That become disqualified for being a chairman of union parishad under section 7 (2) (e) of the ordinance of 1983 by reason of being a fulltime teacher of the; Sammilani Girls High School. Mofizul Haque Vs. Mafizur Rahman & Ors. 4BLT (AD)-130 |
Mofizul Haque Vs. Mafizur Rahman & Ors. | 4 BLT (AD) 130 |
Section 7(2)(g) |
Classification for legislation—Conditions for classification to stand the test of ‘equality—Classification of persons for the purpose of legislation is different from class legislation which is forbidden—To stand the test of ‘equality’ a classification, besides being based on intelligent differentia must have reasonable nexus with the object of the legislature intends to achieve by making the classification—While making a classification the legislature shall not act arbitrarily but make selection on rational basis—if two categories of persons or things, though they may have some resemblances, differ in material points, they may be separately treated for the purpose of legislation—Dead uniformity in making classification is not necessary and Rules of classification may allow flexibility—If a law is applicable to all persons of a well defined class, then it cannot be criticized on the ground that similar law has not been made for members o other classes—Exclusion of members of the Parliament from this beneficial law is certainly unethical and morally undefinable but it is lot unconstitutional. Sheikh Abdus Sabur Vs Returning Officer District Education Office-in-charge, Gopalgonj and others, 9BLD (AD) 25 |
Sheikh Abdus Sabur Vs Returning Officer District Education Office-in-charge, Gopalgonj and others, | 9 BLD (AD) 25 |
Section 7(2)(g) |
Payment of loan—Disqualification for election as Chairman. of Union Parishad for non-payment of loan—Whether the word loan in the section includes part or installment of the total loan—Failure to pay any installment of the loan should he taken as default in view of the nature of duties of the public office— Considering the terms in the enactment the conclusion is that failure to pay any instalment makes the borrower a defaulter and such person is disqualified for holding office of the chairman. Nur Mohaminad Vs. Badruddoza Chowdhury and another, 10BLD (AD) 99 |
Nur Mohaminad Vs. Badruddoza Chowdhury and another, | 10 BLD (AD) 99 |
Sections 9 and 13 (b) |
(a) The words ‘Prescribed Period’ mean a period of thirty days from the publication of results as far as the Deputy Commissioneris concerned. If he fails to determine a date within this time limit no consequence ensures. It is only when the elected person fails to make an oath of office of a date fixed within the time limit and furthermore when the Deputy Commissioner does not extend the period for lack of showing good cause that the Mischief of Section 13(b) is attracted — It is for the Deputy Commissioner to adhere to the time limit and the elected persons have no responsibility in this regard. If the Deputy Commissioner himself fails to adhere to the time limit, Section 13(b) of the Ordinance is not attracted. Md. Abdul Mannan Alias Manu Vs Md. Sajedul Haque & Ors. 2BLT (AD)-93 |
Md. Abdul Mannan Alias Manu Vs Md. Sajedul Haque & Ors. | 2 BLT (AD) 93 |
Sections 12(1) and 65(1) |
Removal and Suspension of Chairman and Members
|
Bangladesh Vs. Md. Lutfur Rahman and others, | 17 BLD (AD) 303 |
Section 12 |
The petitioner having had attended the meeting there was no prejudice caused to him for insufficient time given in the notice convening special meeting. The resolution for removal of the petitioner from the office of Chairman on the basis of vote of no confidence held in a special meeting and approval of such proceeding by the government was rightly passed and approved in compliance with the requirements of section 12 of the Ordinance. Belayet Hossain Bhuiyan vs Government of Bangladesh and others 6 BLC (AD) 60. |
Belayet Hossain Bhuiyan vs Government of Bangladesh and others | 6 BLC (AD) 60 |
Section 20 |
In the instant case, merely because of inclusion of Mauza Haldermura n ward No. 3 disturbing the territorial continuity it cannot be said that the impugned order of delimitation is violative of section 20 of the Ordinance in that it is absolutely within the provice of the Delimitation Officer to include a village in any ward taking into consideration all the 3 factors viz; territorial unity, administrative convenience and distribution of population as far as practicable. Moreso, it is the consistent view of the Appellate Division that section 20 of the Ordinance is not a mandatory one rather it is a directory in nature. Abdul Wahab Chowdhury vs Md Abu Taker and others 6 BLC (AD) 151. |
Abdul Wahab Chowdhury vs Md Abu Taker and others | 6 BLC (AD) 151 |
Section 20 |
It is the consistent view of this Division that Section 20 of the Ordinance is not a mandatory one rather it is a directory in nature. In the instant case merely because of inclusion Mouza Haldermura in ward No.3 disturbing the territorial continuity it cannot be said that the impugned order of delimitation is violative of Section 20 of the Ordinance in that it is absolutely within the province of the Delimitation Officer to include a village in any ward taking into consideration all the 3 factors viz., territorial unity, administrative convenience and distribution of population as far as practicable. Abdul Wahab Chowdhury Vs. Md. Abu Taher & Ors. 9 BLT (AD)-233 |
Abdul Wahab Chowdhury Vs. Md. Abu Taher & Ors. | 9 BLT (AD) 233 |
Section 24 |
Election Commission has got inherent power under the provision of the Union Parishad Election Ordinance, 1983, of superintendence, control and directions which should be construed to mean the power to supplement the statutory rules with the sole purpose of ensuring free and fair elections. Md. Abul Bashar Vs Kamrul Hasan and others, 19 BLD(AD)125 |
Md. Abul Bashar Vs Kamrul Hasan and others, | 19 BLD(AD)125 |
Section 24 |
read with
|
Noor Hossain Vs Md. Nazrul Islam and others, | 20 BLD (AD) 174 |
Section 24 |
read with The Union Parishad (Election) Rules, 1983 Rule-70
|
Noor Hossain Vs. Md. Nazrul Islam & Ors. | 9 BLT (AD) 46 |
Section 26 |
When the election process is still on the High Court Division ought not have interfered with the matter on a disputed and controversial fact and resolved them on mere affidavits. Al-Haj Jamshed Ali Vs A K M Abdullah and others, 20 BLD (AD) 189 |
Al-Haj Jamshed Ali Vs A K M Abdullah and others, | 20 BLD(AD) 189 |
Section 29(4) |
read with
|
Abdul Mutalib Vs Md. Mostakim Au and others, | 19 BLD (AD) 157 |
Section 29 |
and Code of Civil Procedure, 1908 [V of 1908] Order-41 Rule-14(3)
|
Md. Shahe Alam Vs. Golam Sarwar & Ors | 8 BLT (AD) 157 |
Sections 60, 65 |
There are three alternative circumstances which provide occasions for the
Government to exercise the power of suspension of a Chairman : (i) where
any proceeding has been initiated for the removal of the Chairman under
Section 12 or (2) where any criminal proceeding under any law has been
started against such chairman or (3) where on an enquiry by the Government
he is found guilty of any misconduct within the meaning of Section 12 (1) .
But the exercise of this power is conditional upon a formation of opinion
by the Government that the functioning of the person concerned as chairman
is prejudicial to the interest of the Union Parishad or undesirable from
the view of public interest.
|
Bangladesh Vs. Md. Lokman Patwari and another, | 14 BLD (AD) 155 |
Section 65 (1) |
Whether the order dated 13-10-92 passed by the Assistant Secretary,
Ministry of Local Government, Rural Development and Co-operatives
suspending the Chairman from the office during his temporary absence was
justified
|
M. A. Matin Vs Md. Lokman Patwary | 2 BLT (AD) 112 |