In a significant legal development, six of the 323 mayors removed from their posts by the local government division have filed writ petitions in the High Court, challenging the constitutionality of their removal. The petitioners argue that the government’s decision to replace them with unelected administrators violates their fundamental rights and breaches several provisions of the Constitution.
The Dismissal of Elected Mayors
On Monday, the Local Government Division (LGD) officially announced the removal of 323 municipality mayors across the country, following an ordinance issued by the interim government in August 2024. This decision, which impacted many mayors affiliated with the ruling Awami League (AL), cited absenteeism as the primary reason for their dismissal. The government claimed that efforts to contact these mayors had been unsuccessful, leading to the appointment of government administrators to manage the municipalities.
The LGD stated that the appointment of administrators was necessary to ensure the continuity of municipal services and operations. However, the decision has raised significant controversy, with critics questioning its legality and fairness.
The Petitioners
Among the 323 mayors removed, six have filed writ petitions in the High Court. The petitioners argue that their removal was unlawful and without due process. They contend that their constitutional rights were violated, as they were not given notice or an opportunity to respond before being removed. The names and addresses of the petitioners are as follows:
1. Abul Bashar Chokder
Son of: Abdul Khalek Chokder and Jinnatul Monoara Begum
Address: Village: Gaidda, Post Office: Badorgonj, Badhorgonj Paurashaba, Sariatpur
2. Idris Miah
Son of: Abu Madbor and Firoza Begum
Address: Village: Uttar Biksha, Post Office: Jajhira, Jajhira Paurashaba, Sariatpur
3. Md. Motiur Rohman Khan
Son of: Moshak Hussain and Monoara Khanom
Address: Village: Madrasha Para, Post Office: Rohonpur, Rohonpur Paurashaba, Chapainababgonj
4. Md. Saidur Rahaman
Son of: Sainal Haq and Nurennesa Begum
Address: Village: Sadipur, Post Office: Mondumala Haq, Mandumala Paurashaba, Rajshahi
5. Md. Abdul Awal
Son of: Md. Abdul Ajij Sardar and Maharjan Bibi
Address: Village: Dasher Jongal, Post Office: Gosairhat, Sharaitpur
6. Abu Naser Dulal
Son of: Abdul Khalek and Nurjahan Begum
Address: Village: Dakkin Arjun Tala, Post Office: Sanbag, Sanbag Paurashaba, Noakhali.
Legal Grounds for the Petition
The petitioners have raised several legal arguments against their removals:
1. Violation of Section 32 of the Local Government (Paurashava) Act, 2009: The petitioners argue that the removals were carried out without cause or due process, which is required by law. They claim that the Act mandates show-cause notices before any removal.
2. Improper Appointment of Administrators: The petitioners contend that Section 42 of the 2009 Act allows for administrators to be appointed temporarily, for no more than 180 days. They claim the indefinite appointment of administrators violates this provision.
3. Contradiction with the Local Government (Paurashava) Act: The petitioners assert that Ordinance No. 5 of 2024, specifically Section 42ka, grants the government the power to appoint administrators indefinitely on vague grounds of “public interest,” which contradicts the original law.
4. Breach of Natural Justice: The petitioners argue that they were denied their right to a hearing, which is a violation of the principle of natural justice.
5. Unconstitutional and Arbitrary Power: They also claim that the ordinance grants arbitrary powers to the government to remove mayors, violating the Constitution’s principles of checks and balances.
6. Violation of Constitutional Articles: The petitioners assert that the ordinance violates Articles 27, 29, and 59 of the Constitution, which guarantee democratic local governance, equality before the law, and the autonomy of local government.
Government’s Justification for Dismissals
The LGD’s decision to remove several mayors, including those from major cities like Dhaka South City Corporation (DSCC), Dhaka North City Corporation (DNCC), Chattogram, Khulna, Barishal, Mymensingh, and Cumilla, was justified on the grounds of absenteeism. The government claimed that these mayors had been absent from their posts for extended periods, disrupting municipal services. Despite attempts to communicate with the mayors, the LGD stated that the mayors had been unresponsive, prompting the decision to replace them with administrators.
The government argued that the chief executive officers (CEOs) of the municipalities were given full administrative and financial powers to ensure the continuation of essential services.
Reactions to the Government’s Move
The government’s decision has sparked a wave of controversy. The dismissed mayors, especially those in cities like Dhaka and Chattogram, have claimed that their removal was politically motivated and lacked due process. Some of the mayors, particularly those backed by the Awami League, had faced challenges in performing their duties due to the political transition following the fall of the AL government on August 5.
One notable incident involved DNCC Mayor Atiqul Islam, who was reportedly chased from his office by a group of individuals. LGRD Adviser AF Hassan Ariff defended the government’s actions, stating that appointing administrators was part of an initiative to “clean up” local governance.
Court Proceedings
The six petitioners are now seeking a court ruling to restore their positions and declare the government’s actions unconstitutional. The writ petitions contend that the removals undermine democratic local governance and the petitioners’ rights as elected officials. The court will now examine the constitutional validity of the removals and the legality of the ordinance used to justify them.
The Future of Local Governance in Bangladesh
The ongoing legal battle over the dismissal of elected mayors underscores the broader tensions between local democracy and central government control in Bangladesh. The petitioners’ challenge, if successful, could have significant implications for the autonomy of local governments and the rights of elected officials across the country. As the court considers the constitutional and legal arguments, the case has drawn attention to the importance of due process, transparency, and respect for democratic principles in governance. The outcome of these petitions will likely shape the future of local governance in Bangladesh, influencing the relationship between elected officials, the central government, and the citizens they serve.