Dhaka, Dec 9 – Failing to get candidacy from the election commission, the aspirant candidates have started to move the High Court against the rejection order of the election commission (EC) in order to get their candidacies so that they can contest the upcoming general election slated to be held on December 30. As many as 28 candidates including BNP chairperson Khaleda Zia on Sunday filed separate writ petitions before the High Court challenging the legality of the Election Commission order that cancelled their nominations for the upcoming general election.
Among the 28 candidates, the HC validated 11 candidates, rejected 4, made out of list 2 petitions, kept pending 4 petitions for delivering order today, cancelled 1 nomination paper accepted by the commission, while the remaining others would hear the HC benches today, according to the HC sources.
Two separate High Court benches directed the election commission (EC) to accept the nomination papers of 11 candidates so that they can contest the upcoming general election.
The HC bench comprising Justice Sheikh Hassan Arif and Justice Rajik Al Jalil directed the EC to accept the nomination papers of 9 candidates so that they can run the election.
The 9 those who got HC permission they are: Amzad Hossain Sarker (Nilphamari-4), Syed Jahangir (Dinajpur-3), Fahmid Faisal Chowdhury (Nilphamari-3), Nazmul Huq (Noagaon-5), Towhidul Islam (Panchagarh-1), Badal Sarker (Bogura-7), Abdul Muhith Talukder (Bogura-3), Imran H Sarker (Kurigram-4) and AKM Mahfuzur Rahman.
Among the 9, five were municipal mayors while one is an Upazila chairman. Both the EC and returning officers rejected their nomination papers respectively during appeal hearing and scrutiny as they did not resign from the post of Upazila chairman and municipal mayor.
The same bench of the HC also directed the EC to accept the nomination paper of Gonojagoron Mancha spokesperson Imran H Sarker and to allow him to contest the 11th parliamentary polls.
The HC also stayed the EC decision and issued separate rules asking the election commission to explain in two weeks why its decision rejecting the candidature of the petitioners should not be declared illegal and without lawful authority.
The HC also fixed December 10 (today) for delivering its order over the three separate writ petitions filed by BNP leaders—- Abdul Wadud Bhuiyan, Iqbal Hasan Mahmud Tuku and Ruhul Quddus Talukder Dulu – challenging the legality of the Election Commission order cancelling
their nominations for the upcoming general election.
All of them convicted by the lower court and the EC rejected their nomination papers citing Article 66 (2) (D) of the Constitution that barred the convicted person to run the election.
The HC bench also rejected the writ petitions of BNP candidates Mosfiqur Rahman (Brahmonbaria-4) and Abdul Latif Joni (Feni-3) as the petitions were not mentioned properly.
On the other hand, another HC bench comprising Justice Tariq ul Hakim and Justice Md Shohrowardi directed the EC to accept the candidatures of Kazi Asraf Siddiqui (Tangail-8) and Afzal Hossain (Noagaon-4).
It also stayed the EC decision and issued separate rules asking the election commission to explain in two weeks why its decision rejecting the candidature of the petitioners should not be declared illegal and without lawful authority.
The HC bench also stayed the EC decision that accepted the nomination paper of a BNP candidate Ali Asgar (Mymensingh-1). It also issued a rule asking the EC to explain why the candidature of Ali Asgar should not be declared illegal.
The HC bench also fixed today for hearing and delivering its order on the writ petition filed by Jatiya Party’s former secretary general ABM Ruhul Amin Hawladar challenging the legality of the Election Commission order cancelling their nominations for the upcoming general election.
The HC bench rejected two separate writ petitions filed by Shahidul Haque and Akhtar Hossain challenging the legality of the EC decision rejecting their candidatures.
The HC bench led by Justice Sheikh Hassan Arif will today hear 5 writ petitions filed by BNP candidates including Khandaker Iqbal Ahmed and Hero Alam challenging the legality of the EC decision that rejected their nomination papers on various ground including loan default.
The HC bench led by Justice Tariq-ul Hakim will hear today on some other writ petitions including ABM Ruhul Amin Hawladar.
Meanwhile, BNP Chairperson Khaleda Zia yesterday filed three separate writ petitions with the High Court challenging the legality of the Election Commission order that cancelled all the three nominations of Khaleda for the upcoming general election.
Barrister Nowshad Jamir, on behalf of Khaleda Zia, filed the petitions seeking High Court directive on the EC to accept her nomination papers so that Khaleda can run the polls from Bogura-6, Bogura 7 and Feni-1.
The High Court bench led by Justice Syed Refat Ahmed will hold hearing on the petitions today, Barrister Kayser Kamal, a lawyer for Khaleda, told reporters after filing the petitions.
Citing the petitions, Kamal said the Election Commission has illegally cancelled Khaleda Zia’s nomination papers with malafide intention.
Khaleda Zia did not violate any electoral code of conduct as she is in custody, he added.
The EC on Saturday rejected her all three appeals against cancellation of her nominations by returning officers. Following the EC order, Khaleda Zia lost a legal battle to contest the December 30 national election.
Khaleda filed nominations for Bogura-6, 7 and Feni-1 but during scrutiny, the ROs concerned rejected all the nominations on grounds of her conviction in criminal cases.
Later, her lawyers opted for appeals challenging the ROs’ decisions.
Dr AZM Zahid Hossain has also filed a writ petition with the HC challenging the legality of the EC decision that rejected his nomination papers.
As per the revised polls schedule, the 11th parliamentary election will be held on December 30.
The Election Commission had fixed November 28 as the deadline for filing nomination papers, December 2 for scrutiny and December 9 last date of withdrawal. – Staff Reporter
