Mandamus-রীট এর নমুনা

Application for a writ of Mandamus. Mandamus -রীট এর আবেদনের নমুনা

 

District: Rangpur

In the Supreme Court of Bangladesh, High Court Division (Special Original Jurisdiction)

Writ Petition No. 115 Of 2024

 

In the matter of an  application under Article 102(2) of the Constitution of the People’s Republic of Bangladesh

 

And

 

In the matter of Abdur Rahman, Chairman, Balapara Union Parishad s/o-Abdul Malek, Vill- Araji Horiswar, Post- Kaunia, Upzila- Kaunia, Dist- Rangpur… The Petitioner

 

Versus

 

1. Bangladesh represented by the Secretary, Ministry of Local Government and Rural Development, Bangladesh Secretariat, Dhaka.

 

2. Deputy Commissioner, Rangpur

 

3. Upazila Nirbahi Officer, Kaunia, Rangpur

 

4. Abdus Salam s/o- late Fazlul Huq, Vill- Holdibari, Post- Kaunia, Kaunia District- Rangpur……. Respondents

 

And

 

In the matter of The Local Government (Union Parishad) Ordinance, 2008

 

And

 

In the matter of Memo. No. 192/ dated 21/3/2015 issued by the Respondent No.3 dismissing the petitioner from the post of Chairman and allowing the respondent No.4 to perform functions as temporary Chairman of Balapara Union Parishad vide annexure No. C and D to this petition.

 

To

Mr. Justice. …the Hon’ble Chief Justice of Bangladesh and his companion Justices of the said Hon’ble Court.

 

The humble petition on behalf of the above named petitioner most respectfully-

 

Sheweth

 

1. That the petitioner is well reputed Chairman and performing the functions of the post credibly being elected by the people of the Union and serving them with outmost care and sincerity.

 

2. That the petitioner has been serving as Chairman for last 7 years and becomes a very popular Chairman in the locality and earned name and fame for his contribution to the development of the Union. Having afraid of his popularity, his rivals have been in various ways andmeans with the help and support of local administration has made a conspiracy to remove him from the chairmanship without any cogent and lawful reason.

 

3. That the Upzila Nirbahi Officer, the respondent No.3 has allotted 80 metric tones of wheat as test relief for the construction of a feeder road at the said Union Parishad. A copy of the letter of allotment of 80 metric tones of wheat is annexed hereto and marked as annexure No. ‘A’

 

4. That the petitioner took the allotment of the said amount of wheat and withdrawn the same and distributed among the lobourers who worked for constructing the road by taking their signature on the register.

 

5. That the respondent No.4 one of the members of the said Union Parishad brought false allegations to the respondent No.3 stating that the petitioner has misappropriated the allotted wheat by distributing less amount of wheat fixed for each labour and not constructing the feeder road properly. A copy of the said false allegations is annexed hereto and marked as annexure No. ‘B’.

 

6. That the respondent No.3 without inquiring the allegations and giving any sort of show cause notice to the petitioner dismissed the petitioner from the post of Chairman of the said Union Parishad and the charge was handed over to the respondent No.4. Copies of the letters of dismissing and direction of handing over the charge are annexed hereto and marked as annexure No. ‘C’ and ‘D’.

 

7. That being aggrieved by and dissatisfied with the impugned Memo No. 192 dated 2/3/2015 issued by the Respondent No.3 dismissing the petitioner from the post of Chairman and allowing the respondent No.4 to perform functions as temporary Chairman of Balapara Union Parishad the petitioner begs to move your Lordship on the following-

 

Grounds

 

i. For that the dismissal order passed by the respondent No.3 was against the violation of natural justice as the allegations were not properly inquired about and no notice was served upon the petitioner asking explanation.

 

ii. For that the respondent No.3 has committed illegality by dismissing an elected people’s representative from a public office without cogent and lawful reason.

 

iii. For that the respondent No.3 has no authority to dismiss a public representative and committed illegality by handing over charge of the office of Union Parishad to a non-elected person.

 

iv. For that the misappropriation of wheat is not being proved by any competent authority and without being proved the respondent No.3 has committed illegality by dismissing the petitioner whimsically andcapriciously which is liable to be declared to have been passed without any lawful authority and is of no legal effect.

 

Wherefore, it is most humbly prayed that your Lordship may graciously be pleased to:

 

1. Issue a rule nisi calling upon the respondents to show cause as to why the impugned Memo. No. 192dated 21/3/2015 issued by the Respondent No.3 dismissing the petitioner from the post of Chairman and allowing the Respondent No.4 to perform functions as temporary Chairman of Balapara Union Parishad Annexure No. ‘C’ and ‘D’ to this petition should not be declared to have been passed without any lawful authority and is of no legal effect;

 

2. To stay operation of the impugned Memo. Vide Annexure No. ‘C’ and ‘D’ to this petition till disposal of the rule;

 

3. To direct the respondents not to make any disturbance to perform the functions of the Chairman by the petitioner.

 

4. To direct that the respondents to certify and transmit the records in connection with the impugned Memo.to this Hon’ble Court to be dealt with in accordance with law;

 

5. To make the rule absolute after hearing the parties and perusing the cause, if shown any, by all or any of the respondents;

 

6. To award cost of this petition and incidental thereto in favour of the petitioner and against the respondents;

 

7. And/or pass such other order or orders as your Lordship deems fit and proper.

 

And for this act of kindness your petitioner as in duty bound shall ever pray.