HC rejects writ challenging appointment

The High Court on Thursday rejected a writ petition challenging the legality of a government decision to appoint an administrator for the Bangladesh Cold Storage Association (BCSA).
The High Court bench of Justice Md Rezaul Haque and Justice K M Emrul Kayesh passed the order following a primary hearing.
Earlier in the morning, Eshtiaque Ahmed, BCSA vice-president, and two other members of the organization filed the writ petition, challenging the commerce ministry decision.
Lawyers Md Momtazuddin Fakir and Mintu Kumar Mondol appeared in the hearing on behalf of the petitioners, while Deputy Attorney General Sk Shaifuzzaman represented the state.
Appointment of the administrator will remain in force as the High Court rejected the writ petition, said the Deputy Attorney General.
The Ministry of Commerce on September 19 last appointed Joint Secretary Mohammed Daudul Islam as the administrator of the association to hold a free and fair election of the organisation and to hand over the responsibility to the elected body within next six months. He has also been asked to continue the routine functions of the organisation in the meantime.
The BCSA is a licenced organization of the Ministry of Commerce, according to the notification issued by the ministry. "Therefore, there is an obligation to form a full-fledged committee by election within the prescribed period, according to the law and regulations regarding the trade associations."
However, the ministry didn't find any audit report of the organisation and any election-related documents.
A total of 12 cases were filed in the court and in the FBCCI Arbitration Tribunal in 2007-08 sessions centering the election of the organisation.
Since the cases have already been settled, there are currently no legal obstacles or hindrances to holding the annual general meeting (AGM) and election process of the association.
As the organisation currently has no valid committee, it is necessary to conduct the election in a fair and free manner, and for this purpose, the government may appoint an administrator, according to the notification.
Deputy Attorney General Sk Shaifuzzaman said the present committee has been running since 2006 and it has declared a schedule to hold an election at the end of this month.
However, the ministry said there is no valid committee for the organisation now and the administrator will facilitate holding an election to form a new body.

[email protected]