1968 SCMR 404 (PLP)
MOLLAH EJAHAR ALI-Petitioner Versus GOVERNMENT OF EAST PAKISTAN AND OTHERS-Respondents
| Citation | 1968 SCMR 404 (PLP) |
| Forum / Court | High Court |
| Bench Members | Fazle-Akbar and Hamoodur Rahman, JJ |
| Parties | MOLLAH EJAHAR ALI-Petitioner Versus GOVERNMENT OF EAST PAKISTAN AND OTHERS-Respondents |
Q1: What are the key laws and sections cited in 1968 SCMR 404 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 404 (PLP)?
The case was heard and decided by the High Court bench comprising: Fazle-Akbar and Hamoodur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 404 (PLP) (MOLLAH EJAHAR ALI-Petitioner Versus GOVERNMENT OF EAST PAKISTAN AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nizamuddin Hyder, Advocate Supreme Court instructed by Ali Akbar, Attorney on behalf of S. S. Hoda, Attorney on record for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan Dacca, dated the 19th December 1967, in Petition No. 587 of 1967). Basic Democracies Order (18 of 1959), Art. 25 (3)(b)- Whether offence committed by Chairman during previous term of office would not come under purview of Art. 25 (3) (b)--Special Leave to Appeal granted by Supreme Court to consider question.
Judgment & Decree
FAZLE-AKBAR, J.-In 1960, the petitioner was elected Chairman of the Union Council No. 9, Khalishkhali, under Police Station Tala in the district of Khulna. Again in 1965, he was elected Chairman of the said Council. In 1966, Sub-Divisional Officer Satkhira, drew up a proceed ing against him and he was asked to show cause why he should not be removed from chairmanship of the said Council for issuing a residential certificate to one, Kantaram Sardar, knowing fully well that he was an Indian citizen. and thereby enabling him to dispose of his homestead and to take away the sale proceeds there of from Pakistan to India. As his explanation was found unsatisfactory, a meeting of the elected members of the District Council, Khulna, was called and in accordance with the unanimous resolution passed in the said meeting he was removed from chairmanship under the provisions of Article 25(3)(b) of the Basic Democracies Order, 1959. He filed an appeal before the Commissioner, Khulna Division, but the same was dismissed. He then moved a writ in the High Court, but it was summarily rejected. He now seeks special leave to appeal to this Court. It may be mentioned here that the said residential certificate was issued by him during his previous term of chairmanship. It was contended, inter alia (i) That the alleged offence during the previous term of office would not tunic under the purview of Article 25(3)(6) of the Basic Democracies Order, 1959; (ii) that summary dismissal of the writ petition which involved interpretation of an important section of the Basic Democracies Order could not be regarded as a proper disposal of the case. We think, these points require consideration. Leave prayed for is granted. Security-Rs. 1,
000. Stay refused. This appeal will be heard at the next Dacca Session. Petition accepted.