High Court curtails power of UNOs in upazila parishad

The High Court on Wednesday declared a section of the Upazila Parishad Act that allows Upazila Nirbahi Officers (UNOs) to perform duty as chief executive officers in upazila parishads illegal and contradictory to the constitution.

The court also declared writing Upazila Administration instead of Upazila Parishad in invitation letters illegal.

"From now the UNOs have to provide secretarial help to the upazila parishad and remain accountable to the parishad," said HC in its observation.

However, the HC would not interfere in the role of committees formed by the upazila parishad under section 29 of the Upazila Parishad Act.

The High Court bench of Justice Farah Mahbub and Justice Ahmed Sohel pronounced the judgement after hearing two writ petitions.
Barrister Azmalul Hossain KC, Barrister Hasan MS Azim and Minhaduzzaman Liton stood for the writ petitioners.

Attorney General AM Amin Uddin participated in the hearing on behalf of the state. He said the High Court issued the summary of the order on Wednesday. The government will appeal against it while the full verdict is published.

Earlier, in 2021, the High Court issued a rule in this regard asking why section 33 of the Upazila Parishad Act should not be declared illegal and contradictory to the constitution.

The High Court bench comprising Justice Mojibur Rahman Miah and Justice Mohi Uddin Shamim issued the ruling against a writ petition filed by the Bangladesh Upazila Chairman Parishad Association.

Fifteen secretaries including the secretaries to the Cabinet Division and Local Government, Rural Development and Cooperatives Ministry were made respondents to the rule.

President of Upazila Parishad Association and Dumki upazila chairman Harun-or-Rashid, its general secretary Upazila Chairman Saiful Islam Khan Biru, Upazila Chairman Rina Parveen, Vice-chairman Selim Ahmed and Vice-chairman Rasheda Akter filed the writ petition challenging the UNO's role.

During that time, Barrister Hasan MS Azim said after filing the writ, "If the UNO does not implement a decision taken by the parishad, the parishad has nothing to do. Because the UNO is not accountable to the upazila parishad as per the law."

He also stated that the term upazila administration, instead of upazila parishad, allows UNOs to exploit their authority over the elected public representatives. Such practices are unconstitutional and go against the principles of local government.