Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, March 30, 2017 02:43:27 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Sitting EC can hold office for a fixed time till next election

By
25th-Feb-2017       Readers ( 142 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

High Court Division
(Special Original Jurisdiction)
Syed Md Dastagir
Husain J
AKM Shahidul Huq J
Judgment
June 6th, 2016
Bangladesh National Foundation of Deaf …………….Petitioner
vs
Government of Bangladesh and others ..Respondents
Constitution of Bangladesh, 1972
Article 102(2)
Since there is no natural calamity nor any state of emergency and facts remains the petitioner is trying to held the AGM for the purpose of Constitution of Election Commission and, as such, the registration authority can extend the period of 90 days. In that view of matter, we are directing the registration authority to allow the Executive Committee to run only for the purpose of holding election. The Executive Committee will not interfere nor make any policy decision nor they will exercise any extraordinary power nor they will do any thing which is harmful for the organization only day to day affair which is necessary for the purpose of the executive committee and for holding election. . ..... (5)
Taimur Alam Khondaker with Khandakar Aminul Hoque, Advocates-For the Petitioner.
Md Abdul Alim Miah, Advocate-For the Respondent No.3.
Judgment
Syed Md Dastagir Husain J : Rule Nisi was issued calling upon the Respondents to show cause as to why Direction upon the respondents not to arbitrarily suspend or dissolve the Executive Committee of the Bangladesh National Federation of the Deaf (BNFD) without due process of law.
2. The short fact is that the Bangladesh National Federation is for the Deaf herein after called DNFD a Social Welfare voluntary organization which is registered and run under a Constitution, approved by the Directorate of Social Welfare, Government of the People's Republic of Bangladesh, established to look after the welfare of the Deaf people through out the country. This organization run Deaf School and cultural and welfare project through out the country. This organization is also affiliated with The World Deaf Organization. The BNFD is run by the Elected Executive Committee and as per constitution the Election is conducted by the Directorate of Social Welfare. The Executive Committee consists of 21 office bearers for the year 2013-2016 as was elected and duly approved by the Social Welfare Directorate to hold the office from 20-4-2013 to 19-4-2016 on the strength of the Constitution. The meeting of the Executive Committee dated 6-8-2015 with intimation to the Authorities had adopted a resolution to hold the AGM and a committee was formed under the name, evwl©K mvaviY mfv ev¯Íevqb KwgwU and subsequently the meeting of the said ev¯Íevqb KwgwU was held on 15-9-2015 and 17-11-2015 to do every thing to make the AGM successful. After wide publication and publicity of the Message of the AGM as was published under the caption of evwl©K mvaviY mfvi weÁwß  in The Dainik Shamakal on 17-12-2015. The Supreme Court Bar Association was booked for AGM on 21-12-2015 as per Constitution and all the formalities were conducted and completed in due time with proper information to the respondents. All on a sudden the respondent had served an order vide No. 41.01.0000.046. 27.029.13.707 dated 20-12-2015 to stop the AGM which was scheduled to be held on 21-12-2015 at 10-00 AM which is the impugned order in this petition against which the present application under Section 102 of the Constitution and obtained the present Rule.
3. Mr Taimur Alam Khondaker, the learned Advocate appearing on behalf of the petitioner submits that there was a inquiry and on Director of Social Welfare was appointed as inquiry officer vide Memo No. 41.01.0000.064. 25.004.14.518 dated 30-10-2014 for inquiry of the allegation brought by Respondent No.3 and after through inquiry nothing was proved against the Executive Committee of BNFD. There was allegation brought by vested quarter of BNFD. The Anti-Corruption Commission after inquiry vide Memo No. `y`K/wetAbyt I Z`šÍ-1/14/2015/9786 found the allegation not to be proved against the president of the petitioner. He further submits that the AGM which was schedule to be held on 21-12-2015 can not be stayed which is Annexure - D . Further he submits that the respondents have taken steps to dissolve the Executive Committee for the purpose in appointment administrator with malafide intention. Therefore, they are to be restrained from dissolving the Executive Committee on the ground of issuance and staying of AGM on 20-12-2015. In the meantime the petitioner has also filed another writ petition for Constitution of the Election Commission being Writ Petition No. 3714 of 2016 and in that writ petition order was passed for Constitution of Election Commission for the purpose of holding of election and with such direction the Rule was disposed of. Therefore, the petitioner has every intention for holing election and for that matter from the very beginning before expiry of the term trying to hold election but all on a sudden the memo for staying of holding ACM is malafide intention of the Respondent, therefore, the Rule is made Absolute.
4. On the other hand Mr Md Abdul Alim Miah, the learned Advocate appearing on behalf of the Respondent No.3 by filing an application for vacating the order of Stay submits that the executive committee was elected on the supervision of the Directorate of Social welfare for the year of 2013- 2016 and it is going to be expired on 19-4-2016. The Constitution of BNFD does not permit the executive Committee to hold the office after expiry of the date of the tenure. Therefore, he prays that the stay as was granted earlier by this Court be vacated. Further he submits that the Respondent did not suspend or dissolved the executive committee of BNFD. Only Annual General Meeting was conveyed by the executive committee on 21-12-2015 and that was stayed and the term that was expired on 19-4-2016 therefore, the Rule has become infractuous and the Rule may be discharged. Further by referring Section 10 of the Constitution of the BNFD, he submits that the terms of executive committee is for a period of 3 (three) years and only on the ground of nature of calamily or any emergency remaining in the country or state of the emergency, election could not be held, the Register can extend the period of executive committee for period of 90 days. Therefore, since there is no existence of natural calamity or any state of emergency. The Register can extend the period of executive committee. On this reasons the learned Advocate for the petitioner submits that as per Section 12 of the Constitution the executive committer will initiate the process of the election before 3(three) months of the expiry of the executive committee and, as such, he was trying to held AGM which is to be held on 21-12-2015 as term will expire on 19-4-2016 but in view of stay of AGM he has to come under Article 2 in separate writ petition being No. 3714 of 2014 for Constitution of the Election Commission and that has been disposed of with direction for Constitution of the Election Commission, moreover the petitioner has every apprehension that there might be a committee which will run the affairs of the committee.
5. Heard the learned Advocates. We have gone through the Annexures, the Constitution and Section 10 of the Constitution which runs as follows:
Kvh©wbe©vnx cwil‡`i †gqv` t
wbe©vP‡bi ZvwiL nB‡Z 3 (wZb) eQ‡ii Rb¨ Kvh©wbe©vnx cwil‡`i †gqv`Kvj eje` _vwK‡e| cÖvK…wZK `y‡h©vM wKsev RvZxq †Kvb Riæwi Ae¯'vi (†cÖwÿ‡Z h_v mg‡q wbe©vPb Abyôvb Kiv m¤¢e bv nB‡j †iwRt KZ…©c‡ÿi Aby‡gv`bµ‡g Kvh©wbe©vnx cwil‡`i †gqv` m‡e©v"P 90 w`b e"w× Kiv nB‡e|
In this matter as it appears that terms of executive committee is going to be expired on 19-4-2016. The petitioner was trying to held AGM for the purpose of holding election but unfortunately that has been stayed. In that context the learned Advocate for the petitioner submits that already there was a direction from this Court as a writ petition was filed by the petitioner for Constitution of the Election Commission and with such direction the Rule was disposed of. The petitioner only came before this Court that though there is no. existence of natural calamity nor any state of emergency but the respondents with malafide intention is trying to held up the election process and all on a sudden it has been stayed without any reason and it is much ahead of time Under such facts and circumstances, we find that since there is no natural calamity nor any state of emergency and facts remains the petitioner is trying to held the AGM for the purpose of Constitution of Election Commission and, as such, the registration authority can extend the period of 90 days. In that view of matter, we are directing the registration authority to allow the Executive Committee to run only for the purpose of holding election. The executive committee will not interfere nor make any policy decision nor they will exercise any extra-ordinary power nor they will do any thing which is harmful for the organization only day to day affair which is necessary for the purpose of the Executive Committee and for holding election. With such direction the Rule is disposed of.
The order of stay granted earlier by this Court is hereby vacated.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Blaming loan defaulters is not enough, reasons must be examined


IT is reported that the big loan defaulters have not paid the huge debt to the banks despite their rescheduling by Bangladesh Bank in 2015. Now instead of paying their old debts, many businesspersons are moving around banks for a fresh loan. The Central Bank allowed rescheduling of loans of ...

Football »

Minus-Messi, Argentina lose another World Cup qualifier


AP, Sao Paulo :Hours after Lionel Messi was suspended by FIFA for four World Cup qualifying matches, Argentina lost 2-0 to Bolivia in the altitude of La Paz on Tuesday and heightened its risk of missing a spot at Russia 2018.Argentina dropped from third to fifth place, remaining on 22 ...

City »

Air Officer Commanding of Bangladesh Air Force Base Bir Sreshto Matiur Rahman Air Commodore Sheikh Abdul Hannan awarding


Entertainment »

Emma Roberts knows how to step away from spotlight


Emma Roberts has lived most of her life in the spotlight and the actress says that now she has learned a lot about how to handle it. The 26-year-old actress talked about how she has become proficient in maintaining a certain level of privacy when it comes to more personal ...

International »

Scottish Parliament votes for new independence referendum


Reuters, Edinburgh :The Scottish parliament on Tuesday backed First Minister Nicola Sturgeon's bid for a new independence referendum, further complicating Britain's political situation just as years of talks on the terms of Brexit were about to begin.The United Kingdom's vote last year to exit the European Union has strained ties ...

Editorial »

India must not feel too confident about defence pact


THE proposed defence pact with India to be signed early next month on New Delhi's pressure is creating growing public misgivings and many believe that the government should make the deal public to remove people's concern. Media reports said discussants at a round-table including academics, former diplomats and defence experts ...

Cricket »

Taskin hits hat-trick : Lanka make 311


Sports Reporter :Sri Lanka made a fighting total of 311 off 49.5 overs in their first innings against Bangladesh in the second One Day International (ODI) match at Rangiri Dambulla International Stadium in Dambulla, Sri Lanka on Tuesday.Sri Lanka could add at least 15 to 20 runs in their total ...

Entertainment »

The poster of Half Girlfriend launched


The first official poster of upcoming movie Half Girlfriend was launched yesterday. The cast and crew of Half Girlfriend were all geared up for the poster release of the film. Chetan Bhagat along with the lead cast of the film, Arjun Kapoor and Shraddha Kapoor, tweeted yesterday an image announcing ...

Entertainment »

Mizu Ahmed laid to rest


Entertainment Report :Legendary Dhallywood actor and producer Mizu Ahmed, best known for his negative roles, was laid to rest at own hometown’s graveyard in Kushtia yesterday. He died of cardiac arrest on Monday at 8:00pm at the age of 63. He breathed his last aboard a train at Airport Railway ...

International »

Worst humanitarian crisis hits as Trump slashes foreign aid


AP, Nairobi, Kenya :The world's largest humanitarian crisis in 70 years has been declared in three African countries on the brink of famine, just as President Donald Trump's proposed foreign aid cuts threaten to pull the United States from its historic role as the world's top emergency donor.If the deep ...

Editorial »

EU`s threat to scrap duty free export


THE European Union (EU) has asked Bangladesh to further improve the country's labour standard least to avoid suspension of duty free trade privileges. But it appears quite unjustified at a time when Bangladesh has significantly allowed Trade Union to workers  at factory level to represent their problems.  It appears that ...

Sports »

Bangladesh bag titles in Asian Zonal Chess


Bangladeshi emerged champions in both open and women's section in the Asian Zonal 3.2 Chess Championships Open and Women qualifying events of World Cup Chess and World Women Chess Championship that concluded on Monday in Kathmandu, Nepal. GM Mollah Abdullah Al Rakib became unbeaten champion in the open section. He ...

City »

Chairman of Northern University Bangladesh Trust Prof. Dr. A.Y.M. Abdullah confers a honourary crest to the Prime Minister's Economic Affairs Adviser Dr. Mashiur Rahman at a discussion and prize giving ceremony on its Banani campus on the occasion of 47th Independence Day on Saturday.


International »

61 bodies found in Mosul 10 days after air strike


Reuters, Mosul :Iraq's military said on Sunday that 61 bodies were recovered from a collapsed building that the militant Islamic State group had booby-trapped in west Mosul, but there was no sign the building had been hit by a coalition air strike.The military statement differed from reports by witnesses and ...

Entertainment »

Moushumi celebrates two eras of her film career


Entertainment Report :Popular film actress Moushumi celebrated two eras of her acting career on March 25.On this day in 1993, she started her acting career through Sohanur Rahman Sohan directed movie Keyamat Thekey Keyamat. To celebrate the day, Moushumi at her residence in the city’s Uttara area arranged a get-together ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news