The High Court directed the UNOs to carry out all the official activities under the Upazila Parishad with the approval of the Chairman of the Parishad and in accordance with the rules. UNOs have been instructed to follow the circular issued earlier in this regard.
At the same time, the court directed the concerned Secretaries including the Cabinet Secretary and the Secretary of the Local Government Ministry to issue another separate circular so that the UNOs would follow the circular.
With the hearing of a supplementary application on Tuesday (September 14), a dual High Court bench of Justice Mojibur Rahman Mia and Justice Kamrul Hossain Molla passed the order.
Earlier, on December 7 last year, five local people's representatives, including Harun-ur-Rashid, president and Dumki Upazila Chairman of the Upazila Parishad Association and Saiful Islam Khan, general secretary of the organization, filed the writ petition challenging Section 33 of the Upazila Parishad Act.
Advocate Manzil Morshed and Barrister Hasan MS Azim appeared for the petitioners.
According to lawyer sources, a notification was issued on June 17, 2010 regarding the transfer of various offices / works at the upazila level to the Upazila Parishad. It said that UNO would provide assistance and necessary advice to the Upazila Parishad Chairman in exercising his executive powers. He will present to the Chairman for approval all proposals of the Council's finance and administrative decisions. UNO will also provide secretarial assistance to the Upazila Parishad.
In September of the same year, the rules of the Upazila Parishad (implementation of activities) were amended. Commenting on the amended 14 (1) bye-law, the officers of the departments shall submit to the Chairman of the Upazila Parishad for approval all the documents and documents handed over to the Upazila Parishad through UNO. However, the writ petitioners filed a supplementary application stating that the notification and the amended bye-law were not being implemented, which was heard on Wednesday.
In this regard, lawyer Manzil Morshed said, the Upazila Parishad Act and the rules made under it, it is said that the activities of all the departments assigned under the Upazila Parishad will be conducted by UNO (Upazila Nirbahi Officer) with the approval of the Upazila Parishad. The Ministry of Local Government has also issued several circulars in this regard. But the UNOs did not do that and implemented the decision themselves and informed the Upazila Parishad.