Dhaka, Dec 7 – The Election Commission (EC) yesterday upheld the cancellation of the three nomination papers of Bangladesh Nationalist Party (BNP) chairperson Khaleda Zia who wanted to contest the polls from three constituencies Feni-1, Bogura-6 and Bogura-7.But EC rejected the appeals of Khaleda Zia on the ground of her conviction of 17 years in two graft case, which barred her to be the candidate for the constituencies.
The Commission announced its verdict after a hearing from a makeshift court of the EC led by Chief Election Commissioner KM Nurul Huda.
Khaleda’s Advocates AJ Mohammad Ali, Joynul Abedin and Mahbub Uddin Khokon and others took part in the hearing on behalf of the hearing.
After the hearing, they told the journalists that EC would do a justice to Khaleda Zia by allowing her to contest the polls. But their desires have not been fulfilled as EC also rejected it.
Khaleda Zia has been barred due to an order of the Appellate Division of Supreme Court (SC) that blocked the convicted persons from contesting the parliamentary elections.
The Appellate Division on December 8 stayed a High Court order that had allowed a convicted person to contest the upcoming general election schedule on December 30.
While delivering the SC order, the bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam said a person sentenced to more than two years in jail cannot contest any election unless five years have passed after serving the sentence even if an appeal against the conviction is pending.
The order thus barred a number of prominent leaders of BNP including Khaleda Zia to contest the elections on December 30.
BNP on behalf of Khaleda Zia who is serving jail submitted three nomination papers to three constituencies Feni-1, Bogura-6 and Bogura-7. But during scrutiny on December 2, all the papers were
cancelled due to conviction.
On December 2 Feni deputy commissioner and Returning Officer (RO) Md Wahiduzzaman cancelled Khaleda’s nomination paper for Feni-1 by mentioning her sentence.
Returning officer for Bogura district Foyez Ahamed trashed Khaleda’s nomination papers for Bogura-6 and Bogura-7 constituencies on the same reasons.
Later Khaleda’s lawyers submitted three appeals to the EC to get her candidacy back to contest the upcoming general elections as she is now languishing in jail for the conviction.
In the previous general elections except for the 10th parliamentary polls which BNP boycotted, Khaleda Zia regularly contested from these three constituencies and won.
But this time in the 11th general election when BNP has participated, Khaleda has been frustrated to be the candidates in these three constituencies.
Even in a press conference in the capital BNP senior joint secretary general, Ruhul Kabir Rizvi hoped that their chairperson will get ‘justice’ in the EC’s appeal.
The Chief Election Commissioner (CEC) KM Nurul Huda led court held the hearing at noon but did not announce the verdict instantly rather it took some time and announced its order in the evening.
The other Commissioners were also present at the hearing. The decision was taken on the basis of the majority. The CEC and three other Commissioners Rafiqul Islam, Kabita Khanam and Shahadat Hossain
Chowdhury upheld the decision of cancellation of the Returning Officer.
Only one Commissioner Mahbub Talukder gave his decision to accept the appeal.
But EC secretary Helal Uddin Ahmed gave the order of the majority. Soon after the rejection of the appeal, BNP lawyers expressed their frustration saying they did not get a fair judgment.
On the other, an Awami League delegation was present while the hearing of Khaleda Zia was going on. They told the journalists that the EC should not bow down under pressure. – Staff Reporter
