It’s unconstitutional
Why would an unelected person be placed in the local government body?
The opposition MPs yesterday opposed the provision to appoint administrators in local government bodies, saying the provision is unconstitutional.
The provision is part of the Local Government (pourashava) (Amendment) Bill, 2022, which was passed in the House after taking voice votes.
The bill aims to ensure local government polls every five years and allows the appointment of a government official or a "suitable person" as an administrator in an expired municipality.
BNP MP Harunur Rashid walked out of the parliament in protest.
In the discussion on the bill, Rashid demanded a clear explanation of the reasons for the appointment of the administrator.
"This amendment is being made to remove the representatives and replace them with the ruling party people," he said, adding that the deputy commissioner and upazila nirbahi officers are now carrying out the party programmes of the Awami League.
The constitution says no unelected person can sit where there is an elected representative, said Jatiya Party MP Pir Fazlur Rahman.
"Why would an unelected person be placed in the local government body?" he said.
Jatiya Party MP Shameem Haider Patwari echoed the same.
In response, LGRD Minister Md. Tazul Islam, who placed the bill, said it was logical to make provision for the appointment of administrators.
Some chairmen had stayed in office for more than five years and up to even 15-16 years, taking the scope of a clause in the existing law that stated that the present chairman will remain in the chair until the next election.
To stop this practice, the government has made this amendment to the 2009 law, he said.
With the passing of the bill, pourashava chairmen will be barred from staying in office for more than five years.
After the five-year term, the government would be able to appoint an administrator either from the government services with administrative experience or any other eligible person, according to the new law.
The appointed administrator will remain in the post for a maximum of six months and elections have to be held by this time.
It also changed the name of pourashava member to poura executive officer.
Furthermore, it was decided that the proposed law includes another clause that if any pourashava fails to pay the salaries and the other wages of its officers and employees for 12 months, then the government may abolish its status as a pourashava.
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