1. K. HOSSAIN, J.-The petitioner Aftab Hossain was the Chairman of Joypur Union Council No. 1, P. S. Nawabganj Dinajpur. The Province of East Pakistan by a notification dated 14-10-67 split up Joypur Union Council into two Unions viz. Joypur Union Counsil and Kushdaha Union Council. The result of the notification was that the petitioner ceased to be Chairman of the Joypur Union Council, which ceased to exist.
2. He therefore moved this Court in its writ Jurisdiction under Article 98 of the late Constitution of 1962 challenging the validity of the said notification splitting the Joypur Union Council into two and obtained the above rule.
3. The Province of East Pakistan appeared and opposed the writ petition by filing an affidavit-in- opposition contending that it was so done with a view to public convenience and for administrative facilities. The petitioner filed a reply to this.
4. Mr. Malek appearing for the petitioner has urged that if section 57 of the Electoral College Act, 1964 and Article 22 of the Basic Democracies Order, 1959 are read together; then we come to the inescapable conclusion that after the formation of the Electoral College once Union Councils are constituted, the power conferred on the Provincial Government is exhausted and the said Councils must continue for the fixed period of five years. The contention of the learned Advocate cannot be entertained inasmuch as there is no such limiting words to be found in section 57 of the Electoral College Act, 1964 from which it can affirmately be said that the power could be exercise only once or that once the Union Councils are constitute they could not be re-constituted. It is well recognise rule of interpretation that if an authority is vested with a power it can exercise it as many times as it deems fit unless there is any word in the statute to the contrary. No such words limiting the powers of the Provincial Government are to be found in section 57 of the Electoral College Act. The power to constitute carried with it by necessary implication the power to reconstitute. This view has already been held by a Division Bench of this High Court in (Petition No. 6 of 1967) Kabiruddin Ahmad v.
5. Government of East Pakistan and others decided, on 6th August 1968. The relevant passage may be quoted :- " . . . . We find ample power in the Provincial Govern--ment under section 57 of the Electoral College Act to readjust the Councils and committees of the Basic Democracies by allotting the units from one to another. In the present case, the two units of Nalchity Town Committee were amalgamated with the neighbouring Baichandi Union Council, which is in the same police station, for administrative reasons."
6. The contention of Mr. Malek that under Article 22 of the Basic Democracies Order, 1959 once a Union Council is consti--tuted it will continue for five years and the Provincial Government cannot interfere with this period is of no substance. The learned Advocate has failed to show as to how by mere reconstitution, the life of the Union Council on the period of its continuance has been affected. By reconstituting the said Union Council its period of continuance under Article, 22 of the Basic Democracies Order has neither been extended nor reduced. Both the contentions of the learned Advocate have no substance.
7. The petitioner however has not alleged any mala fide on the part of the Government and if because of the reconstitution of the Union Council the petitioner ceased to be the Chairman, no grievance can be made on that account. The petition is dismissed and the rule is discharged without any order as to costs.
8. SIDDIKY, C. J.-I agree.