LOCAL GOVERNMENT ORDINANCE, 1976
Local Government—Removal of Chairman of
Union Parishad—No-confidence motion passed for such removal—Absence of rules
prescribing the manner of convening the meeting to consider the non-confidence
motion cannot defeat the very purpose for which sub-section (3) of section 13
of the Local Government Ordinance, 1976 has been enacted by the legislature.
Habibur Rahman and others Vs. Hasan Ali Mondal and others, 2BLD (AD)31
Local Government—Criminal proceeding
against the Chairman of a Union Parishad—There can be no suspension of the
Chairman without application of mind and formation of requisite opinion by the
73 (I) of the Ordinance requires that on an application of mind to the criminal
proceeding the Prescribed Authority has to form an opinion whether the
Chairman’s functioning is desirable from the administrative point of view or
whether it is prejudical to the interest of the Parishad. On forming such
opinion it is to be so expressed and the order of suspension is to be passed
with prior approval of the Government The order must show that the Prescribed
Authority formed his opinion on either of the two grounds. The alternative
grounds set out in the section postulates application of the mind of the
authority on materials from which a rational opinion could be formed.
Abdul Hye Bhuiyan Vs. Secretary, Ministry of Local Government and Rural
Development and Co-operative and others, 1 BLD (AD) 196.