Parishads (Election of Chairman) Rules, 1983
Thus, it is
held that in the process of passing the no confidence resolution against the
petitioner there having been gross procedural defects, the respondent No. I
acted illegally and without any lawful authority in the purported exercise of
their jurisdiction under section 13(2) of the Upazila Parishad Ordinance, 1982
read with Rule 12 of Upazila Parishad Rules, 1986 removing the petitioner from
the office of Chairman Upazila Parishad by issuing Annexure “H” to
the petition and in consequence thereupon declaring the said office vacant
under section 14(l)(b) of the said Ordinance.
vs Secretary, Local Government & Rural Development 41 DLR 108.
Tribunal has no power to allow amendment of the election petition so as to
relate back to the date of filing of the election petition.
although the Election Tribunal has the limited jurisdiction to allow amendment
of the election petition, it has no power to allow any amendment, so as to
relate back to the date of filing of the election petition. It is so because
sub-rule (1) of Rule 44 prescribed the limitation of30 days next after the
publication of the result in the official gazette to file an election petition
and sub-rule (5) specifically provides that an election petition shall set
forth the ground on which the petition is fixed and the relief sought. In other
words, the ground for the election petition and the relief sought must be
stated within the period of limitation.
Ali Bhutto vs Bangladesh 41 DLR379.
Rules 47 & 48—
Rule 47 of the said Rules provides that the election petition shall be tried as
nearly as: may be in accordance with the procedure for the trial of suits under
the Code of Civil Procedure and Rule 48 provides that the Tribunal shall have
all the powers of a Civil Court trying a suit under the Code of Civil Procedure
and shall be deemed to be a Civil Court within the meaning of sections 480 and
482 of the Code of Criminal Procedure, it is now well—settled that the Election
Tribunal is not a Civil Court constituted under the Civil Court Act.
Ali Bhutto vs Bangladesh & others 41 DLR 379.