The High Court (HC) on Wednesday declared Section 33 of the Upazila Parishad Act that allowed Upazila Nirbahi Officers (UNOs) to perform duties as Chief Executive Officer of the upazila unconstitutional.
Following the HC verdict, the UNO cannot exercise absolute powers in running the administration of the upazila.
After final hearing on a writ petition, the HC bench comprising Justice Farah Mahbub and Justice Ahmed Sohel delivered the verdict.
On January 4 in 2021, Bangladesh Upazila Parishad Association represented by its President Harunur Rashid and Secretary Saiful Islam Khan and others challenged the legality of some sections including Section 33 of the Upazila Parishad Act.
In response to the petition, the then HC bench comprising Justice Md Mojibur Rahman Miah and Justice Mohi Uddin had on January 6 in 2021 wanted to know how the Upazila Nirbahi Officers (UNO) became presidents in different committees at the upazila level instead of the upazila chairman.
The HC also issued a rule asking the government as to why the UNO's position over the upazila Chairman should not be declared illegal.
After final hearing on the rule, the HC bench on Wednesday declared illegal and unconstitutional Section 33 of the Upazila Parishad Act.
Barristers Ajmalul Hossain QC, Barrister Hasan MS Azim and Nihaduzzaman Liton appeared on behalf of writ petition while Deputy Attorney General Samarendra Nath Biswas represented the state during the hearing on the petition.
After the HC order, Barrister Hasan MS Azim told reporters that despite having an elected representative in the Upazila Parishad, an executive officer has been given more power. It is against the spirit of constitution. Hence, the High Court declared Section 33 of the Upazila Parishad Act illegal.
He also said that in the Upazila Parishad Act, UNO has been given sole authority with the secretarial duties. The Chief Executive Officer and the financial department are empowered to oversee and implement decisions. All provisions of Section 33 are void. The UNO will now carry out its duties in accordance with a circular issued by the government on June 17 in 2010.
According to the circular issued by the Ministry of Local Government, Rural Development and Cooperatives, the UNOs will provide assistance and necessary advice to respective Upazila Parishad chairpersons in exercising their executive powers.
The UNOs will place all proposals of Parishad's expenditures and administrative decisions before the chairpersons and if the UNO is empowered by the Upazila Parishad, he or she (UNO) will exercise executive powers, according to the 2010 circular.
The circular also said that UNOs will provide secretarial assistance to Upazila Parishad and will attend the meetings of the Parishads and of their standing committees' meetings if it feels necessary to participate discussions as official responsibilities, but they (UNOs) cannot exercise any voting rights.
