Chairmen and vice-chairmen of upazila councils have decided to seek the High Court’s intervention to reclaim their administrative rights to ensure smooth execution of their duties to the people under their jurisdiction as stated in the Constitution of Bangladesh and the Upazila Parishad Act.
Claiming to be long-time victims of bureaucracy, these members of the upazila parishad say, despite being elected officials to serve the needs of the upazila, they have long been sidelined by official gazettes empowering the upazila nirbahi officer (UNO) as the highest authority in upazila level.
Thus created a rift between the upazila councils and the UNO offices and as a result, the chairmen and vice-chairmen feel mostly decorative being left out of all key administrative decisions.
Seeking to restore the upazila council’s administrative power, Bangladesh Upazila Parishad Association (BUPA) filed a writ with the High Court challenging Section 33 of the Upazila Parishad Act 1998.
BUPA’s writ to ensure legal rights in their working jurisdiction, mentioned that upazila administrations organizing any programs instead of the upazila councils is in violation the Upazila Parishad Act and sought direction and rule asking the High Court why this violation should not be declared illegal.
The writ also seeks the High Court’s interim order for the jurisdiction of 17 departments, including local government engineering, disaster management, and primary education, under the upazila councils which is in accordance with Upazila Parishad Act.
Dumki Upazila Chairman Harun-or-Rashid Hawlader, president of the Bangladesh Upazila Parishad Association, Secretary General Saiful Islam Khan Biru, and two others filed the writ on Monday on behalf of the Association.
Among others, secretaries of Cabinet Division, Local Government Division and, Law and Parliamentary Affairs have been made respondents to the writ.
Barrister Hassan Md Shahnewaz Azim, lawyer for the writ, told Dhaka Tribune that he will mention the writ on Sunday to the HC bench of Justice Md Mozibur Rahman Miah and Justice Mohi Uddin Shamim for hearing.
According to the writ, circulars or gazettes issued by different ministries in the past have made UNOs presidents in most of the committees formed over the jobs of the 17 local government departments, flouting the Upazila Parishad Act.
In most of these committees, upazila chairmen are made advisors whereas, the law states only members of parliament can be made advisors.
Dumki Upazila Chairman and BUPA President Harun-or-Rashid Hawlader, said: “We want to perform according to the law. As the government did not respond we have sought the High Court’s intervention.
“The government recently sent winter clothes for the underprivileged, which should be distributed by us but we were not even informed as UNOs are dealing with the task,” he added.
Prof Tofayel Ahmed, local government expert, said: “All the departments under the upazila councils should be nurtured by the upazila chairmen but this is not practiced in our country.
“Instead, UNOs hold the power which is a violation of the Upazila Parishad Act,” he told Dhaka Tribune.
“To get the real benefit of local government all the public representatives should be empowered,” he added.
There are 1,476 chairmen, vice-chairmen and vice-chairmen (reserved for females) for the 492 upazila councils in the country. The Upazila Parishad Act describes the roles of the individuals. But such elected people cannot perform as per law since 2010 once the government activated the upazila parishad.
