Contesting polls: Khaleda moves SC against HC decision

Dhaka, Dec 23 – BNP Chairperson Khaleda Zia on Sunday filed separate petitions with chamber court of the Appellate Division seeking a stay on the High Court order that rejected her three writ petitions filed challenging the legality of the election commission decision cancelling her candidature in three constituencies for the upcoming general election. In the petitions, the BNP chief prayed to the Appellate Division for its instruction upon the Election Commission to allow her to contest the December 30 election and to allocate her “sheaf of paddy” as election symbol, lawyers concerned said.
Barrister Mir Helal Uddin, one of the counsels for BNP chief, filed the appeal with the chamber court on behalf of Khaleda Zia seeking a stay on the HC order. The chamber court may hold a hearing on the petitions on Monday.
Earlier, on December 18, the HC summarily rejected the three writ petitions by Khaleda Zia, saying the EC rightly upheld the ROs’ decision to cancel Khaleda’s nomination papers for Feni-1, Bogura-6 and Bogura-7, as she was convicted and sentenced to 17 years in jail in two corruption cases.
The third bench of the HC comprised of Justice JBM Hassan passed the order saying if a person is convicted and sentenced to more than two years in prison for moral turpitude, they are not eligible to participate in elections in five years after serving the jail term.
On December 11, a division bench of the HC had delivered a split order on Khaleda’s candidature for the December 30 parliamentary election.
Justice Refat Ahmed, the senior judge of the bench, had directed the Election Commission to accept Khaleda’s nomination papers and allow her to contest in the polls.
The judge also issued a rule asking the EC to explain why its decision on Khaleda’s nomination should not be declared illegal.
On the other hand, the junior judge of the bench, Justice Md. Iqbal Kabir, had disagreed with the senior judge’s order and rejected her petitions.
Khaleda’s three writ petitions were sent to the third judge after a two-judge bench of the High Court Division gave a split order.
On December 9, Khaleda filed the petitions that also sought HC directives to the EC to accept her nomination so that she could contest from Bogura-6, Bogura-7, and Feni-1 constituencies.
Khaleda landed in jail on February 8 after a special court in Dhaka sentenced her to five years’ imprisonment in the Zia Orphanage Trust corruption case. The HC later extended her jail term to 10 years.
On October 29, she was sentenced to seven years’ rigorous imprisonment by the same court in the Zia Charitable Trust graft case. – Staff Reporter

source: UNB