HC: Why UP chairmen shouldn’t possess at least graduate degree

The High Court on Wednesday issued a rule asking why candidates for the post of Union Parishad (UP) chairman should not be required to possess at least a graduate degree, considering their judicial responsibilities in village courts.

The HC bench of Justice Ahmed Sohel and Justice Fatema Anwar also sought an explanation on Section 26 of the Local Government (Union Parishad) (Amendment) Act. The section does not prescribe any educational qualification for the post. The court asked why it should not be declared inconsistent with the Constitution.

The rule followed a writ petition filed by Supreme Court lawyers Quazi Ferdousul Hasan and Md Tanvir Ahmed Khan. They argued that UP chairmen exercise judicial powers as heads of Village Courts (Gram Adalat), including conducting proceedings, delivering verdicts and imposing fines.

The court directed the secretaries of the Local Government, Rural Development and Cooperatives (LGRD) Ministry and the Law Ministry, along with the Chief Election Commissioner, to respond to the rule.

Speaking to reporters, Ferdousul Hasan said UP chairmen can hear village court cases involving claims of up to Tk3 lakh. Magistrates exercising comparable judicial powers, he said, must obtain a law degree and pass the Bangladesh Judicial Service Commission examination.

He said the petition challenged the absence of any educational requirement for the chairman's post under Section 26 of the law and sought to make a graduate degree the minimum qualification.

According to the petitioner, introducing a minimum academic standard would help ensure sound legal judgment, greater administrative competence and more effective local governance.

‘First-phase local polls likely from October’

Meanwhile, Election Commissioner Md Anwarul Islam Sarkar said on Wednesday that the commission has completed overall preparations to hold local government elections in phases from October, with the schedule for the first phase likely to be announced in August.

Speaking to journalists at the EC Secretariat, he said the preparations were based on the commission’s experience of successfully conducting the parliamentary election.

Local government bodies that have remained without elected representatives for a long time and whose legal tenure has already expired will be prioritised in the first phase, he said.

Elections to upazila parishads and union parishads may be held simultaneously in suitable areas, depending on the law and order situation, he added. However, expatriate voters will not be able to use the postal ballot facility in these elections for now.

No decision has yet been taken on introducing minimum educational qualifications for candidates, the commissioner said, adding that the EC would consider court directives and examine the legal frameworks of neighbouring countries before making any decision.

On the proposed amendments to election laws, he said there was no possibility of delaying the local government polls due to the legislative changes, as free and fair elections could be held under the existing framework.

Drawing on lessons from the parliamentary election, the commission has proposed several amendments to remove ambiguities in decision-making. The amendments would be applied if they come into force before the polls; otherwise, the elections would be conducted under the existing laws.

The commissioner said the EC had almost completed its review of the electoral code of conduct, which would soon be sent to the Ministry of Law for final approval. He added that the commission would strengthen monitoring to prevent election violence and resolve legal ambiguities over whether city corporation administrators are eligible to contest the polls.