Attorney General Amlnul Huq In his first hearing on the upazlla parlshad repeal ordinance yesterday said focal body means sharing of power with the legislature and that it would decide the quantum of its power, reports UNB.

He told Uk court that focal body was In fact a political division and "Legislature Is competent to make law what should be the number of tiers of focal body*.

Constitution did not mandate how many tiers of local bodies will be there, Attorney General argued. Justifying the promulgation of the ordinance which abolished the upazlla parlshad and elected representation.

Amlnul Huq also referred to number of presidential orders or ordinance promulgated in different time relating to local government and local bodies.

Earlier, placing his argu foent. Barrister Amlrul Islam said although the ordinance which established the upazlla system was promulgated when the country was being ruled bp martial law keeping Constitution suspended, but the law was incorporated with the Constitution with the reviving of the constitutional rule.

"Whether repealing the ordinance is consistent with the Article 9 of the Constitution, where it said State will encour age the local government the court questioned the Attorney General.

The upazlla system introduced in 1982 come by an ordinance and has gone by an ordinance". Attorney General

Amlnul Huq submitting to the court said 'there is no Illegality In repealing the ordinance."

"Where it Is mentioned tn the ordinance that the upazlla will function for transitional period*, the court questioned the Attorney General as he stated that the government machinery existed in the upazlla for a temporary period.

"Upazlla Is there. In the name of defunct upazlla'. the court putting its query asked the Attorney General.

Putting his strong argument against the ordinance Barrister Islam said the ordinance was contrary to the Artlcle-9 of the Constitution.

Although the upazlla parlshad was abolished by the ordinance but all power of the parlshad run by an elected chairman had been entrusted on Upazlla Ntrbahl Officer (UNO), he said.

Quoting Articles 7, 9. 11 of the Constitution which say that absolute power Iles with the people — the ordinance also curtailed the rights of the people ensured by the Constitution. Islam submitted.

He said the ordinance was also contradictory to Articles 59 and 60 which was passed through the 12th amendment of the Constitution.

He argued that law which can not be passed by parliament due to constitutional bar. can not be passed by the President by an ordinance.

The High Court division bench of the Supreme Court comprising Justice Abdul Jalil and Justice Nalmuddtn Ahmed will resume its hearing this morning.