HC stays suspensions of Rajshahi, Habiganj mayors [ Tritiyo Matra News ]

HC stays suspensions of Rajshahi, Habiganj mayors

Local April 05, 2017

The High Court on Tuesday stayed the suspensions of Rajshahi city mayor Mohammad Mosaddek Hossain and Habiganj municipal mayor GK Gouse.
The bench of Justice Syed Muhammad Dastagir Husain and Justice Md Ataur Rahman Khan also asked the local government division to explain why its order issued on April 2 suspending the two mayors would not be declared illegal.
It also asked the government to explain the legality of provisions stipulated in the Local Government (City Corporation) Act 2009 and the Local Government (Municipality) Act 2009 that empowered the government to suspend mayors and councillors once a court accepts a charge sheet in a criminal case against them.
Secretary to local government and rural development and co-operative ministry, the deputy commissioners of Rajshahi and Habiganj, deputy director of local government department and assistant secretary (pouro-1 wing) were made respondents.
The bench passed the orders after hearing two writ petitions filed by Mosaddek and Gouse challenging their suspensions they received few minutes after they took charge as mayors following previous High Court orders that had stayed their suspensions earlier.
The government suspended three mayors – Mosaddek, Gouse and Sylhet city mayor Ariful Huq Chowdhury – for the second times on April 2 stating that respective courts accepted charge sheets against them. The three mayors are also leaders of the Bangladesh Nationalist Party.
Ariful’s suspension was stayed by the High Court on April 3 after hearing his writ petition.
In his petition, Mosaddek said that he was elected mayor on June 15, 2013 and took the responsibility on September 18, 2013 for five-year tenure, to expire on September 18, 2018.
The government suspended him on May 7, 2015 under Section 12(1) of the Local Government (City Corporation) Act 2009 on the ground that a court accepted the charge sheet in a ‘politically-motivated’ criminal case against him.
On March 10, 2016, the High Court, after hearing a writ petition filed by Mosaddek, declared illegal the suspension. The High Court verdict was upheld by the Appellate Division on March 5, 2017 disposing of a government appeal.
In the verdict, the Appellate Division said, ‘The government and the parliament may consider amending Section 12(1) of the law.’
The Appellate Division made the observation modifying High Court judgement pronounced on March 10, 2016 which said that the government ‘shall take necessary steps for bring to the notice of the concerned authority of the government and the parliament that Section 12(1) of the Local Government (City Corporation) Ain 2009 should be amended for incorporating necessary provisions about guidelines for formation of an objective opinion, so that the suspending authority may take a fair reasonable and equitable decision on suspension of any elected mayor or councillor of a city corporation and appropriate provision in view of the probable delay in the judicial proceeding to arrive at a final decision so that the delay does not frustrate the election result of the tenure of mayor and councillor.’
On April 2, the government issued a fresh order suspending Mosaddek under the same provision flouting the apex court order, said Mosaddek in his petition.
Mosaddek said that the fresh suspension order stated that a metropolitan court accepted a charge sheet accusing him in a politically motivated case filed with Boalia police station on February 8, 2015.
In his petition, Gouse challenged his suspension under Section 31(1) of the Local Government (Municipality) Act 2009, referring to order of the Appellate Division.
He also challenged the legality of the law which empowered the government to suspend municipal mayors or councillors once a court accepted charge sheet against them.
Gouse said that he was suspended soon after a Special Tribunal in Sunamganj accepted a charge sheet implicating him in case filed in 2004 under Explosive Substance Act.
Gouse was elected mayor for the fourth consecutive term.