The High Court on Thursday rejected a writ petition filed challenging the legality of a government decision that appointed 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 after the primary hearing on the petition.
Earlier on Thursday morning, Eshtiaque Ahmed, Vice-President of the Bangladesh Cold Storage Association, and two other members of the organisation filed the writ petition challenging the Commerce Ministry's decision.
Lawyers Md Momtazuddin Fakir and Mintu Kumar Mondol appeared in the court hearing on behalf of writ 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.
Ministry of Commerce on September 19 this year appointed its Joint Secretary Mohammed Daudul Islam as the administrator of the Bangladesh Cold Storage Association in order to hold a free and fair election of the organization and to hand over the responsibility to the elected body within six months. He has also been asked to continue the routine functions of the organisation by this time.
Bangladesh Cold Storage Association is a licensed organisation 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 or election-related document for the organisation.
A total of 12 cases were filed in the court and in the FBCCI Arbitration Tribunal in 2007-08 sessions centring on the election of the organisation.
Since the cases have been already settled, there are currently no legal obstacles or hindrances in holding the annual general meeting (AGM) and election process of Bangladesh Cold Storage Association.”
As the organisation currently has no valid committee, it is necessary to conduct the next elections of the organisation in a fair and free manner, and for this purpose, the government may appoint an administrator and also read the notification.
Challenging the appointment of the administrator Eshtiaque Ahmed, Vice-President of the Bangladesh Cold Storage Association, and two other members of the organisation filed the writ challenging the Commerce Ministry's decision.
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 hold an election to form a new body.
