DR. WALIAR RAHMAN Vs. GOVERNMENT OF BANGLADESH
LAWS(BANG)-1997-3-3
SUPREME COURT OF BANGLADESH
Decided on March 20,1997

Dr. Waliar Rahman Appellant
VERSUS
Government Of Bangladesh Respondents

JUDGEMENT

A.T.M.AFZAL,CJ. - (1.) The petitioner, Chairman of Barabaria Union Parishad PS Chitalinari, District Bagerhat, was suspended by the Government by an order dated 1-12-96. He filed writ petition No. 66 of 1977 on 2-1-97 challenging the said order of suspension whereupon a Rule Nisi was issued and stay of the impugned order was also granted.
(2.) It appears that respondent No. 5, who was added in the writ petition on his prayer, filed an application for vacating the order of stay stating, inter alia, therein that in a meeting of the Union Parishad for electing an acting chairman held on 17-12-96 under the chairmanship of the Thana Nirbani Officer, Chitalmari he was elected as the acting chairman and he took over office since 21- 12-96 upon refusal of the writ-petition to hand over charge as directed by the Thana Nirbahi Officer and has been carrying on the function of the chairman since before the stay order was obtained.The High Court Division, by its order dated 18 February, 1997 vacated the stay order observing that the writ-petitioner had totally suppressed the fact that the acting Chairman had been functioning with effect from 24-12-96 and as such the order of become infructuous.
(3.) The writ-petitioner, it appears, filed another application for stay of the operation of the order of suspension dated 1-12-96 but the High Court Division upon noticing the facts stated application and referring to its own order rejected the application as redundant by its order February, 1997.;


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