Monday, December 18, 2017 | ePaper

Sitting EC can hold office for a fixed time till next election

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High Court Division
(Special Original Jurisdiction)
Syed Md Dastagir
Husain J
AKM Shahidul Huq J
Judgment
June 6th, 2016
Bangladesh National Foundation of Deaf …………….Petitioner
vs
Government of Bangladesh and others ..Respondents
Constitution of Bangladesh, 1972
Article 102(2)
Since there is no natural calamity nor any state of emergency and facts remains the petitioner is trying to held the AGM for the purpose of Constitution of Election Commission and, as such, the registration authority can extend the period of 90 days. In that view of matter, we are directing the registration authority to allow the Executive Committee to run only for the purpose of holding election. The Executive Committee will not interfere nor make any policy decision nor they will exercise any extraordinary power nor they will do any thing which is harmful for the organization only day to day affair which is necessary for the purpose of the executive committee and for holding election. . ..... (5)
Taimur Alam Khondaker with Khandakar Aminul Hoque, Advocates-For the Petitioner.
Md Abdul Alim Miah, Advocate-For the Respondent No.3.
Judgment
Syed Md Dastagir Husain J : Rule Nisi was issued calling upon the Respondents to show cause as to why Direction upon the respondents not to arbitrarily suspend or dissolve the Executive Committee of the Bangladesh National Federation of the Deaf (BNFD) without due process of law.
2. The short fact is that the Bangladesh National Federation is for the Deaf herein after called DNFD a Social Welfare voluntary organization which is registered and run under a Constitution, approved by the Directorate of Social Welfare, Government of the People's Republic of Bangladesh, established to look after the welfare of the Deaf people through out the country. This organization run Deaf School and cultural and welfare project through out the country. This organization is also affiliated with The World Deaf Organization. The BNFD is run by the Elected Executive Committee and as per constitution the Election is conducted by the Directorate of Social Welfare. The Executive Committee consists of 21 office bearers for the year 2013-2016 as was elected and duly approved by the Social Welfare Directorate to hold the office from 20-4-2013 to 19-4-2016 on the strength of the Constitution. The meeting of the Executive Committee dated 6-8-2015 with intimation to the Authorities had adopted a resolution to hold the AGM and a committee was formed under the name, evwl©K mvaviY mfv ev¯Íevqb KwgwU and subsequently the meeting of the said ev¯Íevqb KwgwU was held on 15-9-2015 and 17-11-2015 to do every thing to make the AGM successful. After wide publication and publicity of the Message of the AGM as was published under the caption of evwl©K mvaviY mfvi weÁwß  in The Dainik Shamakal on 17-12-2015. The Supreme Court Bar Association was booked for AGM on 21-12-2015 as per Constitution and all the formalities were conducted and completed in due time with proper information to the respondents. All on a sudden the respondent had served an order vide No. 41.01.0000.046. 27.029.13.707 dated 20-12-2015 to stop the AGM which was scheduled to be held on 21-12-2015 at 10-00 AM which is the impugned order in this petition against which the present application under Section 102 of the Constitution and obtained the present Rule.
3. Mr Taimur Alam Khondaker, the learned Advocate appearing on behalf of the petitioner submits that there was a inquiry and on Director of Social Welfare was appointed as inquiry officer vide Memo No. 41.01.0000.064. 25.004.14.518 dated 30-10-2014 for inquiry of the allegation brought by Respondent No.3 and after through inquiry nothing was proved against the Executive Committee of BNFD. There was allegation brought by vested quarter of BNFD. The Anti-Corruption Commission after inquiry vide Memo No. `y`K/wetAbyt I Z`šÍ-1/14/2015/9786 found the allegation not to be proved against the president of the petitioner. He further submits that the AGM which was schedule to be held on 21-12-2015 can not be stayed which is Annexure - D . Further he submits that the respondents have taken steps to dissolve the Executive Committee for the purpose in appointment administrator with malafide intention. Therefore, they are to be restrained from dissolving the Executive Committee on the ground of issuance and staying of AGM on 20-12-2015. In the meantime the petitioner has also filed another writ petition for Constitution of the Election Commission being Writ Petition No. 3714 of 2016 and in that writ petition order was passed for Constitution of Election Commission for the purpose of holding of election and with such direction the Rule was disposed of. Therefore, the petitioner has every intention for holing election and for that matter from the very beginning before expiry of the term trying to hold election but all on a sudden the memo for staying of holding ACM is malafide intention of the Respondent, therefore, the Rule is made Absolute.
4. On the other hand Mr Md Abdul Alim Miah, the learned Advocate appearing on behalf of the Respondent No.3 by filing an application for vacating the order of Stay submits that the executive committee was elected on the supervision of the Directorate of Social welfare for the year of 2013- 2016 and it is going to be expired on 19-4-2016. The Constitution of BNFD does not permit the executive Committee to hold the office after expiry of the date of the tenure. Therefore, he prays that the stay as was granted earlier by this Court be vacated. Further he submits that the Respondent did not suspend or dissolved the executive committee of BNFD. Only Annual General Meeting was conveyed by the executive committee on 21-12-2015 and that was stayed and the term that was expired on 19-4-2016 therefore, the Rule has become infractuous and the Rule may be discharged. Further by referring Section 10 of the Constitution of the BNFD, he submits that the terms of executive committee is for a period of 3 (three) years and only on the ground of nature of calamily or any emergency remaining in the country or state of the emergency, election could not be held, the Register can extend the period of executive committee for period of 90 days. Therefore, since there is no existence of natural calamity or any state of emergency. The Register can extend the period of executive committee. On this reasons the learned Advocate for the petitioner submits that as per Section 12 of the Constitution the executive committer will initiate the process of the election before 3(three) months of the expiry of the executive committee and, as such, he was trying to held AGM which is to be held on 21-12-2015 as term will expire on 19-4-2016 but in view of stay of AGM he has to come under Article 2 in separate writ petition being No. 3714 of 2014 for Constitution of the Election Commission and that has been disposed of with direction for Constitution of the Election Commission, moreover the petitioner has every apprehension that there might be a committee which will run the affairs of the committee.
5. Heard the learned Advocates. We have gone through the Annexures, the Constitution and Section 10 of the Constitution which runs as follows:
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wbe©vP‡bi ZvwiL nB‡Z 3 (wZb) eQ‡ii Rb¨ Kvh©wbe©vnx cwil‡`i †gqv`Kvj eje` _vwK‡e| cÖvK…wZK `y‡h©vM wKsev RvZxq †Kvb Riæwi Ae¯'vi (†cÖwÿ‡Z h_v mg‡q wbe©vPb Abyôvb Kiv m¤¢e bv nB‡j †iwRt KZ…©c‡ÿi Aby‡gv`bµ‡g Kvh©wbe©vnx cwil‡`i †gqv` m‡e©v"P 90 w`b e"w× Kiv nB‡e|
In this matter as it appears that terms of executive committee is going to be expired on 19-4-2016. The petitioner was trying to held AGM for the purpose of holding election but unfortunately that has been stayed. In that context the learned Advocate for the petitioner submits that already there was a direction from this Court as a writ petition was filed by the petitioner for Constitution of the Election Commission and with such direction the Rule was disposed of. The petitioner only came before this Court that though there is no. existence of natural calamity nor any state of emergency but the respondents with malafide intention is trying to held up the election process and all on a sudden it has been stayed without any reason and it is much ahead of time Under such facts and circumstances, we find that since there is no natural calamity nor any state of emergency and facts remains the petitioner is trying to held the AGM for the purpose of Constitution of Election Commission and, as such, the registration authority can extend the period of 90 days. In that view of matter, we are directing the registration authority to allow the Executive Committee to run only for the purpose of holding election. The executive committee will not interfere nor make any policy decision nor they will exercise any extra-ordinary power nor they will do any thing which is harmful for the organization only day to day affair which is necessary for the purpose of the Executive Committee and for holding election. With such direction the Rule is disposed of.
The order of stay granted earlier by this Court is hereby vacated.

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