NAZIMUDDIN MOLLA Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This appeal by leave is from the Judgment and order of the High Court Division dated 4.5.92 dismissing summarily the appellant's Writ Petition No. 1454 of 1992 wherein the appellant prayed for issuance of a Rule Nisi calling upon respondent No. 5 Milon Md. Bachhu to show cause under what authority he claims to hold or purports to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati.

(2.) The brief facts are that the nomination paper for the election of Chairman of the said Union Parishad was filed on 7.12.91, the scrutiny took place on 8.12.91 and the nomination paper of respondent No. 5 was declared valid. The election was held on 30.1.92 and respondent No. 5 was elected as Chairman of the said Union Parishad. The result was published in the official Gazette on 2.3.92 and respondent No. 5 took oath of office on 10.3.92. He has been functioning as Chairman thereof ever since.

(3.) The appellant is an inhabitant and voter of the said Union Parishad and it is his case that respondent No. 5 was appointed a Palli ration dealer in essential commodities for the same Union Parishad by an order dated 3.5.89 and that he was still working as such dealer when he took oath of office and so he was disqualified to contest the election and was also disqualified to continue in the office as Chairman in terms of section 7(2)(of) of the Local Government (Union Parishads) Ordinance, 1983 which is as follows: