Law:

Section: Art. 25 (4)

Basic Democracies Order (18 of 1959), Art. 25 (4) and East Pakistan Local Councils (Resignation and Removal of Members) Rules, 1960, r. 4 - Notice under r. 4 (1) vague and giving no information as to charges--Thana Council passing resolution removing Member without furnishing opportunity to show cause-Resolution passed by Thana Council and order of removal passed by Controlling Authority, held, illegal, arbitrary and opposed to principle of natural justice: audi alteram partem --Proceedings of Thana Council under Art. 25 (4), Basic Demo cracies Order, 1959, judicial proceedings (Obiter)   Faridsons Ltd. v. Government of Pakistan P L D 1961 S C 537 ; Bahauddin Ahmed v. Province of East Pakistan P L D 1962 Dacca M 292 and Local Government Board v. Arlidge L R 1915 A C 120 rel. JUDGMENT   MURSHED, J.-The petitioner, Noor Ahmed, was elected as a Member of the Union Council No. 4 Chandgaon, P. S. Panchlaish, District Chittagong, and one Salamat Ali Khan was elected Chairman of the said Union Council. During his illness the said Chairman authorised the petitioner in writing to discharge various functions of the Chairman of the Council and a copy of such written authority has been annexed to the petition as Annexure A. The said authority was given to the petitioner on the 15th of December 1960. The petitioner apprised the Circle Officer, Sadar (North) Chittagong and the Sub-Divisional Officer, Sadar (North) Chittagong, who is the controlling authority of the said Union Council, of the letter of authority by which various functions of the Chairman were so delegated to him in writing. Thereafter the petitioner started performing some of the duties of the Chairman as so authorised. The authority given by the Chairman to the petitioner was also duly approved by the Union Council by a resolution which was passed on the 5th of January 1961. Copies of the said resolu tion were also duly sent to the authorities concerned, including the Controlling Authority, i.e., the Sub-Divisional Officer, Sadar (North) Chittagong, who has been impleaded as respondent No. 2 in this petition.   It is alleged that the petitioner fell foul with another appointed member of the…