Local Government Ordinance, 1976 | Case Reference

Local Government Ordinance, 1976

Section 91- Section 91 of the Ordinance in clear terms has provided that no suit shall be instituted against a local parishad or against any member, officer or employee of a local parishad in respect of any act done or purporting to be done in official capacity, until the expiration of one month next after notice in writing has been, in the case of local parishad.

There is no consequential provision for non-service of the notice. But when the language of the section absolutely prohibits institution of the suit without prior notice, the suit becomes still-born and has to be buried at its institution. I could not but therefore hold that the provision is mandatory.

Since the provision of section 91 of the Ordinance was not complied with the suit was not maintainable. District Council, Feni -VS- Feni Alia Madrasha Mosque Committee. [1 LM (AD) 155]