Online Desk : The Appellate Division’s Chamber Judge Court on Wednesday (April 5, 2023) stayed the High Court judgment declaring the UNOs’ role as the chief executive officers (CEOs) of upazila parishads ‘unlawful and unconstitutional.’
The stay will remain valid till June 5 this year, according to the decision.
Chamber Justice M Enayetur Rahim made the decision following an appeal by the state.
Additional Attorney General Mehedi Hasan Chowdhury confirmed it.
On March 29 last, the High Court declared the Section 33 of Upazila Parishad Act that allows Upazila Nirbahi Officers (UNOs) to perform duty as Chief Executive Officers (CEOs) in upazila parishads unlawful and contradictory to Articles 59 and 60 of the constitution.
The High Court bench of Justice Farah Mahbub and Justice Ahmed Sohel had pronounced the judgment after hearing two writ petitions.
President of Upazila Parishad Association and Dumki upazila chairman Harun-ar-Rashid, its general secretary Upazila Chairman Saiful Islam Khan Biru, Upazila Chairman Rina Parvin, Vice Chairman Selim Ahmed and Vice Chairman Rasheda Akter filed a writ petition challenging the UNOs’ role.
Advocate Minhaduzzaman Liton also filed another writ petition in this regard.
In 2011, the High Court issued a rule asking the government to explain as to why the Section 33 of Upazila Parishad Act should not be declared illegal and contradictory to the Articles 7, 59 and 60 of the constitution.
Fifteen secretaries including the secretaries to the Cabinet Division and Local Government, Rural Development and Cooperatives Ministry were made respondents to the rule.
