Upazila Parishad Business Rules

 

Upazila
Parishad Business Rules


Rule 4(y)—

Dispute
between the students of Kowkhali College and the UNO of the said Upazila
Parishad resulting in strike in all educational institutions by the students. A
co­ordination committee was formed and it adopted a resolution that the UNO, Mr
MA Salam be transferred in public interest—Some members of the said co—ordination
committee along with some local people approached the petitioner for taking
steps in the matter—The petitioner along with others approached the Secretary.
Establishment Division in 1984 and represented the matter where—upon an order
was passed for enquiry into the allegations made against the UNO, Kowkhali, who
later approached the petitioner not to press for enquiry and also for
withdrawal of the complaint—The UNO having failed to realise his demand from
the petitioner got a resolution passed by the Upazila Parishad using his
influence as Chairman of the Upazila Parishad on 25—3—84 supporting his
retention there and also made false and serious defamatory allegations against
the petitioner—By referring Rule 4(y) of Upazila Parishad Business Rules, it is
submitted on behalf of the respondent that the present resolution at least was
in respect of other matters of public interest—Upazila Parishad can adopt
resolution in public interest but that public interest is limited to the public
interest as relates to the subject of the Upazila Parishad and not in respect
of public interest concerning persons and matters outside the subject of the
Upazila Parishad—The impugned resolution being not in conformity with the
functions prescribed in section 24 and Second Schedule of the Ordinance, the
Government may quash proceeding under section 50 of the Ordinance if anything
done or anything intended to be done is not in conformity with law or
inconsistent, or contrary to the national policy. ­The resolution is liable to
be struck down.

Abdus Sobhan
vs Secretary 40 DLR 136.