Law:

Section:

  (a) Basic Democracies Order (18 of 1959),Basic Democracies Order (18 of 1959), Art. 74(2)(c) read with Constitution of Pakistan (1962), Art. 98-Decision of Controlling Authority regarding setting up of Office of Union Council---Stands unchanged if not objected to under procedure provided in Art. 74(2)(c)---Question of selection of site of Office of Union Council---Matter entirely between Union Council and Controlling Authority---Union Council and not a member thereof an aggrieved party within meaning of Art. 98---Writ petition in such case by Member Union Council, held, not maintainable under Art. 98. (b) Basic Democracies Order (18 of 1959), Art. 32---Thana Councils, functions of---Deputy Commissioner, representing Government, has jurisdiction to refer disputes in Union Council, to Thana Council for consideration. Date of hearing: 19th April 1967. JUDGMENT SALAHUDDIN AHMED, J. This petition arises out of a dispute over the location of the [Shambhupura Union Council Office. The Rule nisi is directed against an order passed by respon dent No 2, the Additional Deputy Commissioner (Dev,), Dacca, intimating to the Sub-Divisional Officer, Narayanganj (Controlling Authority of the Union) that Nabinagar had been finally approved as the site for the office of the Union Council. The petitioner is a member of the said Union Council and held the office of the Chairman of the Council till August 1965. It is the petitioner's case that, as there was a controversy over the selection of site for constructing the Union Council Office, the then Controlling Authority, namely, Mr. M. A. Sattar, Sub-Divisional Officer, directed the Union Council to hold a special meeting for deciding the question. In pursuance of this direction, a special meeting was held on the 15th of October 1962 which was attended by only six out of the twelve members of the Union Council. It may be stated here that the members of the Union Council were equally divided on this question, and while six members were in favour of locating the office at Hussainpur, the other six members were in favour of setting up the office at Nabinagar. To revert to the petitioner's case, the special meeting…