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Zila Parishad Act: Rule on govt, CEC & JS Secy
The High Court yesterday issued rule upon the government, the Chief Election Commissioner and the Parliament Secretary to show cause why the provision of indirect election to Zila Parishad and appointment of Administrator shall not be declared ultra vires to the Constitution. reports UNB.
A High Court division bench comprising Justice Mainur Reza Chowdhury and Justice Mozammel Hossain, however, refused to issue stay order on appointment of district Administrator as envisaged in Section 82 of the Zila Parishad Act 2000.
The rule was issued following two separate writ petitions, filed by Adv. Khairul Anam, an MP of opposition BNP. and Adv. Mohammad Hossain.
The court made the rule returnable in three weeks and asked the petitioners' lawyers
to mention the rule after expiry of three weeks for fixation of date of its hearings.
Earlier. Barrister Moudud Ahmed and Barrister Abdur Razzak who appeared for the petitioners told the court that the provision of indirect election as envisaged in the Zila Parishad Act (ZPA) is contrary to the Constitution.
They pointed out that the ZPA contemplates electoral role consisting of Mayor and Commissioners of City Corporation. Chairmen and Members of Upazila Parishad. Chairmen and Ward Commissioners of Pourasavas and Chairmen and Members of Union Parishad to elect the Chairman of Zila Parishad.
This amounts to indirect voting which is contrary to the provision of the Constitution, said the petitioners' counsel
About the appointment of
Administrator under Section 82 of the ZPA. till election of the Parishad is held, the lawyers contended that the provision was Inserted by the ruling party and enacted though there was no recommendation by the parliamentary standing committee.
It was argued that the existence of non-elected person for administering a local govt unit con t ravened fundamental principles of the Constitution.
The lawyers further submitted that the ruling party would set up its hand picked men In all the 64 districts before parliament election to directly influence- free and fair elections.
Attorney General Mahmudul Islam assisted by Deputy Attorney General Obaidur Rahman Mostafa told the court that the legislature consciously introduced the provision of Indirect election and appointment of Administrator within the proceedings of Parliament, which cannot be* questioned In any court of law.
About appointment of Administrator. Islam said ZPA enables formation of a new Zila Parishad. "Before holding of its election." he* argued, "someone has to administrate the affairs of the Parishad."
He said there Is no chance of deferring the holding of election to the Parishad as Section 20 of the Act contemplates that the election will be declared and held by the Election Commission and the government will not have any option or scope to defer It.
Responding to objection to
indirect election, the Attorney General told the court that it is not unconstitutional as held by the Appellate Division of the Supreme Court.
He said election of 30 women MPs to reserved scats In Parliament and election of the President by members of parliament which amount to Indirect election arc not unconstitutional.
Islam said electoral role of the Zila Parishad consists of al) elected representatives from different tiers of the kxal government.
The Attorney General said Zila Parishad, prior to Its legislation. was purely administered by District Administration The government with all fairness. Instead of keeping the matter In the district administration. shifted some parts of it to Zila Parishad by enacting the law.
BNP secretary general Abdul Mannan Bhuiyan, Abdullah Al Noman and other opposition leaders were present in the court
Leading lawyers of BNP Barrister Zainiruddin Sircar. Barrister Aminul Huq and others were sitting for assisting Barrister Moudud Ahmed.