The High Court on Wednesday issued a rule seeking an explanation on why a minimum educational qualification of a bachelor’s degree should not be set for candidates contesting elections for the post of Union Parishad (UP) chairman.
The court also asked why Section 26 of the Local Government (Union Parishad) Act, 2009, which does not prescribe any educational qualification for the position, should not be declared unconstitutional.
A High Court bench comprising Justice Ahmed Sohel and Justice Fatema Anwar issued the rule after the preliminary hearing of a writ petition filed by two Supreme Court lawyers.
The court sought responses on why a directive should not be issued under Section 26 of the law requiring UP chairman candidates to hold at least a bachelor’s degree.
The LGRD secretary, law secretary and chief election commissioner have been asked to respond to the rule.
Advocates Kazi Ferdousul Hasan and Md Tanvir Ahmed Khan filed the petition.
Confirming the court order, Advocate Kazi Ferdousul Hasan said UP chairmen are entrusted with several important responsibilities, including the authority to operate village courts.
He said UP chairmen can adjudicate cases involving claims of up to Tk3 lakh, while magistrates performing similar judicial functions are required to have a law degree and pass the Bangladesh Judicial Service Commission (BJSC) examination.
The lawyer said the petitioners challenged Section 26 of the 2009 law as it does not set any educational qualification for the post of UP chairman and sought a minimum qualification of a bachelor’s degree for candidates.
