Decided on November 15,1989

Badruddoza Chowdhury Respondents


BADRUL HAIDER CHOWDHURY,J. - (1.) This appeal by special leave is directed against the judgment and order dated 10.1.89 passed by the High Court Division in Writ Petition No.44 of 1988.
(2.) Leave was granted by this Court in the following terms: "It was urged that respondent No.1 was a defaulter on the date of nomination of the candidate i.e. 10th January, 1988, on the date of election i.e. 10th February, 1988, on the date of publication of the result i.e. 15.6.1988 and on the date of taking oaths on 10.7.1988. It is an admitted fact that first installment of payment of loan was due on 31st March, 1987 but respondent No.1 did not pay that installment. The High Court Division discharged the Rule after holding that the repayment of the loan means repayment of the entire loan and not a part or instalments of the loan and respondent No.1 had time to pay the loan upto 31st March, 1990, the last installment being fixed by the Bank for payment of the loan. The High Court Division held that respondent No. 1 was not disqualified for election of Chairman under section 7(2)(g) of Ordinance No. 41 of 1983. The learned Counsel for the petitioner has contended that the view taken by the High Court Division is erroneous and that the High Court Division ought to have held that the word 'loan' in section 7(2)(g) includes part or installment of the total loan. Points merit consideration. Leave is granted."
(3.) There were three contesting candidates in the election of Sriula Union Parishad which was held on 10.2.88. Respondent No.1 Badruddoza Chowdhury was declared elected and Gazette notification to the effect was made on 15.6.88.;

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