LOCAL GOVERNMENT (UPAZILA PARISHAD AND UPAZILA ADMINISTRATION REORGANISATION (AMENDMENT) ORDINANCE, 1987


LOCAL GOVERNMENT (UPAZILA PARISHAD AND UPAZILA ADMINI STRATION
REORGANISATION (AMENDMENT) ORDINANCE, 1987

 

Section—13A

Suspension of Upazila Parishad Chairman —
Preconditions to sustain his suspension — The impugned order does not reveal
that enquiry has been held and on enquiry it has been found that there are
materials against him showing them to be prejudicial to the interest of the
Parishad and undesirable from the administrative point of view — The order of
suspension having been passed without holding enquiry which is mandatory
according to the statute, it cannot be sustained.

Md. Emdadui Hoque Miah Vs. The People’s
Republic of Bangladesh, 10BLD (HCD) 132

Ref:
I BLD (AD) 196 — Cited.

 

Section 13A

Suspension of Upazila Parishad Chairman
— Question of violation of the principle Of natural justice — Right of an
elected member or Chairman is a sacred right

— It
cannot be abridged by a whimsical and arbitrary exercise of powers by the
executive authority — Before his right is taken away or curtailed he must be
heard.

Md. Emdadul Hoque Miah Vs. The People’s
Republic of Bangladesh, 10BLD (HD) 132

Ref:
32 DLR 109 Cited.

 

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