Quo Warranto- রীট এর নমুনা (Quo Warranto writ petition)
In the Supreme Court of Bangladesh
High Court Division
(Special Original Jurisdiction)
Writ Petition No. 118 of 202024
In the matter of:
An application under Article 102 of the Constitution of the Peoples Republic of Bangladesh.
AND
In the Matter of:
Abdur Rahim, son of Abdul Karim of Village Charkandi Daradia, Post: Shafia Sharif, Police Station: Rajoir, District: Madaripur
————–Petitioner
-Versus-
- Abul Mia, son of late Kabir Mia, Chairman BadarpashaUnion Parisad, Union Parisad office, Post Office- Shafia Sharif, Police Station- Rajoir, District- Madaripur and Village- Charkandi Daradia, Post: Shafia Sharif, Police Station: Rajoir, District: Madaripur
- The Secretary, Local Government Division, Ministry of Local Government, Rural Development and Co-operatives, Bangladesh Secretariat, Shabag, Dhaka-1000;
- Deputy Commissioner, Madaripur,
- Upazilla Nirbahi Officer, Rajoir, Madaripur.
—————Respondents
AND
In the matter of:
Illegal holding of the post of Chairman of No. 12 Badarpasha Union Parisad, Upzilla- Rajoir, District- Madaripur by the Respondent No. 1
To,
Mr. Justice Hon’ble Chief Justice of Bangladesh and his companion Judges of the said Hon’ble Court.
The humble petition on behalf of the petitioner above named most respectfully
Sheweth:
- That the petitioner is a law abiding citizen of the country. He is a permanent resident and voter of Kadambari Union of Rajoir Upazilla under Madaripur District (“Kadambari Union”). The petitioner is a politically concious man and associated with different political and non-political associations and organizations. He is the secretary for forest and Environment of Kadambari Union Awami League. He is a conscious citizen and interested to see that rule of law, democracy and provisions of the Constitution are being upheld in all spheres of life especially in public offices.
2. That the respondent No. 1 claims to hold the post of Chairman of Kadambari Union Parisad. The address of respondent No. I as given in the cause title above is the true and correct address for the purpose of service of any process upon him.
3. That the respondents Nos. 2 to 4 are the persons performing functions in connection of the affairs of the Republic. The respondent No. 2 is the Secretary of Local Government Division, Ministry of Local Government, Rural Development and Co-operatives; the respondents No.3 is the Deputy Commissioner, Madaripur and the Respondent No. 4 is the Upazilla Nirbahi Officer, Rajoir, Madaripur.
4. That the Respondent No.1, is not entitled to remain as Chairman or hold the post of Chairman under section 26(2) of Local Government (Union Parisad) Ain-2009 (“the Ain”) further the Respondent is liable to be punished under section 31(2) of the Ain which provides 3 (three) years imprisonment, amongst others.
5. That the relevant sections of the Laware quoted below:
… … … … … … … … … … … … … … … … … …
6. That the Respondent No. 1 declared as fugitive by the Court of Metropolitan Magistrate, Court No. 20, Dhaka by an order No. 26, dated 22.05.2014 in C.R. Case No. 143 of 2011 under section 420 and 406 of the Penal Code. Therefore the Respondent No. 1 has been disqualified to be a candidate for the post of Chairman of Kadambari Union Parisad under section 26(2) of the Ain. Further apparently knowing fully well in order to defraud the Returning Officer the Respondent No. 1 having been candidate for the post of Chairman of Kadambari Union Parisad, submitted false affidavit concealing the information in relation to his status as fugitive from justice declared by a competent court.
7. That it is stated that the aforesaid case was filed on 24.05.2011 and he had been absconding for long time. On 28.11.2013 he obtained bail from the concerned court and thereafter he did not feel to turn up to the Court on the dates fixed for hearing. Subsequently on 22.05.2014 the court cancelled his bail since he has been absconding and declared him fugitive and again issued warrant of arrest. Certified copies of the entire order sheets of the said C.R. Case No. 143 of 2011 are annexed herewith and marked as Annexure-A.
8. That it is stated that election of the Kadambari Union Parisad held on 07.05.2016 and the Respondent No. 1 being a revel candidate took part in the election for the post of Chairman with symbol of pineapple concealing his status as fugitive in the aforesaid case. The Respondent No. 1 managed to be elected in the election as Chairman of Kadambari Union Parisad. Accordingly on 24.05.2016 gazette was published. A copy of the Gazette Notification collected from the website namely www.bgpress.gov.bd is annexed herewith as Annexure-B.
9. That since then the Respondent No. 1 has been functioning his function as Chairman of the Badarpasha Union Parisad.
10. That it is submitted that Respondent No. 1 is not entitled to remain as Chairman of BadarpashaUnion Parisad and therefore under theprovisions the Law, he cannot remain and hold the post of Chairman of Badarpasha Union any more.
- That despite his ineligibility, the Respondent Nos. 2-4 allowed him to continue to function as Chairman of the Union Parisad and therefore has been committing illegality.
- That the respondent Nos. 2-4 being the regulatory authority of Local Government Division have had the duty to look into the matter and should have taken appropriate action by removing the respondent No. 1 from the post of Chairman of the Union.
- That it is submitted that the Respondent No. 1 is not entitled to remain and hold the post of Chairman of Kadambari Union Parisad in accordance with section 26(2) and 34 of the Law.
- That the petitioner through his learned lawyer served Notice Demanding Justice on 27.09.2016, a copy of notice is annexed as Annexure-C.
- That being aggrieved by the illegal holding of post by the respondent No. 1 as stated above, the humble petitioner most respectfully begs to prefer this writ petition amongst others on the following:
Grounds
- For that since the Respondent No. 1 has been declared by the Court of Metropolitan Magistrate, Dhaka fugitive (ferari) in C.R. Case No. 143 of 2011 and having been fugitive the Respondent No. 1 took part inthe election and elected Chairman, therefore the respondent No. 1 is not entitled to hold the post of Chairman of Badarpasha Union Parisad.
- For that the respondent No. 1 concealing his status as fugitive in the C.R. Case No. 143 of 2011 to the Returning Office took part in the election and managed to become Chairman and thus he is not entitled to remain as Chairman of Badarpasha Union Parisad.
- For that the Respondent No. 1 is liable to be punished under section 31 of the Ain and thus his holding of the post of Chairman of Badarpasha is liable to be declared illegal.
- For that the respondent Nos. 2-4 bearing the regulatory authorities under obligation to declare his post of Chairman illegal. Wherefore, it is most humbly prayed that your Lordships would graciously be pleased to:
- A) Issue rule nisi calling upon the respondents to show cause under what authority of law the respondent No. 1 has been holding the post of Chairman of Badarpasha Union Parisad under Rajoir Upazilla, District-Madaripur why his holding of the said post shall not be declared to have been made and issued without lawful authority and is of no legal effect, and why the respondent No. 2 to 4 shall not be directed to declare post of Chairman of No. 12Badarpasha Union Parisad, under Rajoir, Upazilla, District-Madaripur now being illegally held by the respondent No. 1 as vacant and publish gazette accordingly.
- B) Pending disposal of the Rule pass an order restraining the respondent No. 1 from performing any function in the capacity of Chairman of No. 12Badarpasha Union Parisad under Rajoir Upazilla, District-Madaripur.
- Hearing the parties on the cause shown, if any, make the rule absolute and or pass other or further order or orders as your Lordships may deem fit and proper.
- And for this act of kindness, the petitioner as in duty bound shall ever pray.
Affidavit
I, Abdur Rahim, son of Abdul Karim of Village Charkandi Daradia, Post: Shafia Sharif, Police Station: Rajoir, District: Madaripur, NID-5418066436666 age about 62 years, by occupation farmer, by nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:
- That I am the petitioner of this writ petition and I am fully acquainted with the facts and circumstances of the case.
- That the statements made above are true to the best of my knowledge.
Signature of the Deponent
The Deponent is known to me and identified by me.
Signature of the Advocate