Law:

Section:

Basic Democracies Order (18 of 1959), Art. 25 read with East Pakistan Local Councils (Resignation and Removal of Members and Chairman and Suspension of Chairman) Rules, r. 4-Removal of Chairman-Governed by Art. 25(3) and not by Art. 25(2) of Basic Democracies Order, 1959-Provisions of r. 4, East Pakistan Local Councils (Resignation and Removal of Members and Chairman and Suspension of Chairman) Rules- Not applicable to case of removal of Chairman under Art. 25(3)(b) Chairman served with notice, on ground of dereliction of duties and gross misconduct, by Controlling Authority - Proceed ings, under Art. 25(3)(6), held, start with service of such notice Order of suspension with approval of Government under Art. 78-A, Basic Democracies Order, 1959, in circumstances, upheld. Dates of hearing : 27th January, 10th February, 2nd and 17th March 1970. JUDGMENT K. HOSSAIN, J.-The petitioner Md. Azizar Rahman Mondal has challenged the order dated 2'-6-69 suspending him from the office of the Chairman of Shekerkol Union Council. Facts necessary for the disposal of this rule are that the petitioner was the Chairman of Shekerkol Union Council, at Bogra. Proceedings were started against him under Article 25(3)(6) of the Basic Democracies Order, 1959 on ground of dereliction of duties and gross misconduct by the S. D. O. as the Controlling Authority. A notice of show cause dated 18-4-68 was served on the petitioner directing him to show cause by 25-5-68. The petitioner wanted time and thereafter he submitted his explanation on 25-6-68. The explanation was not found satisfactory and so the Controlling Authority sought approval of the Government for suspending the petitioner by his office memo. No. 109/68 dated 25-6-68 from the office of the Chairman of the said Union Council and the permission was accorded by the Government on 2-6-69 under Article 78-A of the Basic Democracies Order, 1959. Against this order of suspension the above rule has been obtained by the petitioner. Mr. Aziz the learned Advocate for the petitioner has urged that removal of the Chairman under Article 25 (3) (b) will ultimately entail his removal from membership and referring to rule 4 of the East…