Multiple members of same family cannot hold fertilizer dealerships

The Appellate Division of the Supreme Court has upheld the government's policy saying that multiple members of the same family cannot hold fertilizer dealerships.

The Chamber Court of the Appellate Division stayed an order issued by the High Court, which had imposed a status quo on the government policy following a writ petition.

Chamber Judge of the Appellate Division, Justice Md. Rezaul Haque, passed the order on Wednesday after hearing an application filed by the state against the High Court's order.

Attorney General Barrister Md. Ruhul Qudus Kazal said that as a result of this ruling, there is no longer any scope for multiple members of the same family to obtain fertilizer dealerships according to the policy.

Attorney General Barrister Kazal and Deputy Attorney General Mahbuba Jui represented the state in court, while Advocate Ikramul Haque Tutul appeared for the writ petitioners.

Earlier, five individuals filed a writ petition with the High Court challenging the government policy that prohibits multiple family members from holding fertilizer dealerships. Following the hearing, a High Court bench issued a status quo on the implementation of the policy. The state subsequently filed an appeal seeking a stay on the High Court's order.

Explaining the Chamber Court's decision, the Attorney General said that under the 2009 policy regarding fertilizer dealers and distribution in Bangladesh, there was no restriction preventing multiple members of the same family from obtaining dealerships. As a result, a coterie and family monopoly were often created in the names of husbands, wives, sons, daughters, and daughters-in-law within the same household.

To rectify this, when the policy was amended in 2025, a provision was introduced so that multiple members of the same family could not secure multiple dealerships, thereby preventing them from holding the state, the government, and farmers hostage. This amendment was implemented in August this year under the current government.

He added that five family members who had long held a family monopoly over the business filed two writ petitions before a High Court Division Bench on October 6, challenging this specific clause of the government's policy.

In their petitions, they requested that they should not be removed from their existing dealerships under any circumstances and be allowed to continue their old fertilizer dealership business while keeping their family ties intact. Consequently, they obtained an interim order preventing their removal. This meant that despite a new fertilizer dealer appointment process underway according to the 2026 policy, they received a status quo order against being replaced.

The Attorney General noted that an appeal was filed with the Supreme Court's Appellate Division against that High Court order. On Wednesday, Chamber Judge Md. Rezaul Haque heard the appeal and stayed the High Court's order.