At the same time, it has also been asked why Section 26 of the Local Government (Union Parishad) Act, 2009, which does not prescribe any educational qualification for the post of chairman, should not be declared inconsistent with the constitution.
On Tuesday (July 21), a High Court bench comprising Justice Ahmed Sohel and Justice Fatema Anwar issued the rule after hearing the initial hearing of a writ petition filed by two Supreme Court lawyers.
The Secretary of the Ministry of Local Government, Rural Development and Cooperatives (LGRD), the Law Secretary, and the Chief Election Commissioner have been directed to respond to the rule.
The writ petition was filed by Supreme Court lawyers Kazi Ferdousul Hasan and Md. Tanvir Ahmed Khan.
After the hearing, lawyer Kazi Ferdousul Hasan told journalists that a Union Parishad chairman is entrusted with various important administrative and judicial powers. These include the power to settle cases worth up to three lakh taka through village courts. However, a magistrate exercising similar judicial powers must obtain a bachelor's degree and pass the Bangladesh Judicial Service Commission (BJSC) examination.
He further said that the existing law does not prescribe any educational qualification for the post of chairman. For this reason, the writ was filed challenging the validity of Section 26 of the Local Government (Union Parishad) Act, 2009. The writ seeks directives to make at least a bachelor's level educational qualification mandatory for the post of chairman.
