HC issues rule seeking bachelor's degree requirement for UP Chairmen

The High Court has issued a rule asking why instructions should not be given to set a minimum educational qualification of a bachelor's degree for candidates contesting the post of Union Parishad (UP) Chairman. The court also questioned why Section 26 of the Local Government (Union Parishad) Act, 2009—which sets no educational qualifications for the role—should not be declared unconstitutional.

A High Court bench comprising Justice Ahmed Sohel and Justice Fatema Anwar passed the order, following an initial hearing on a writ petition filed by two Supreme Court lawyers on Wednesday (July 22).

In the rule, the court asked why a bachelor's degree should not be made a mandatory minimum requirement for UP chairman candidates under Section 26 of the Local Government (Union Parishad) Act, 2009. The Secretary of the Ministry of Local Government, Rural Development and Co-operatives (LGRD), the Law Secretary, and the Chief Election Commissioner have been directed to respond to the rule.

Lawyers Kazi Ferdausul Hasan and Md. Tanvir Ahmed Khan filed the writ petition.

Speaking to reporters following the hearing, lawyer Kazi Ferdausul Hasan stated that Union Parishad chairmen are entrusted with significant judicial and administrative powers, including presiding over village courts. In village courts, a UP chairman holds the authority to resolve civil and criminal disputes valued up to BDT 300,000.

He noted that while a judicial magistrate must earn a bachelor's degree and pass the Bangladesh Judicial Service Commission (BJSC) examination to exercise similar judicial powers, the law currently specifies no minimum educational requirement for becoming a UP chairman. Consequently, the validity of Section 26 of the Local Government (Union Parishad) Act, 2009 was challenged, seeking the establishment of a minimum bachelor's degree requirement for the post.