The Election Commission on Tuesday decided to appeal with the Appellate Division challenging the High Court order that stayed Gazipur City election for three months, just nine days before the polls slated for May 15.
The Commission took the decision at a meeting chaired by Chief Election Commissioner KM Nurul Huda at Nirbhachan Bhaban in the city.
Four election commissioners, EC officials and its lawyers were present at the meeting.
“We’ve decided to appeal against the court’s stay order over Gazipur city election and a legal consultant has been appointed in this regard,” EC Secretary Helaluddin Ahmed told reporters after the meeting.
He said the Election Commission has announced the election schedule for the Gazipur City Corporation after having all sorts of clearance from the Local Government Division in this regard.
Receiving the court directives on Sunday, the EC Secretary said, the returning officer was asked verbally to stop the election activities in Gazipur.
The Commission received the copy of the court order on Monday afternoon and then the EC sent a written directive to the returning officer to halt the polls process, he added.
Helaluddin said the Local Government Division earlier informed the Commission that the dispute (over six Moujas), which was behind the court stay order, was disposed of.
“They (Local Government Division) informed that there was no legal complication and case (over Gazipur polls). The Election Schedule was announced after having all the confirmation,” he said.
In its appeal petition, he said, the Commission will point out its grounds in line of Article 125 (C) of the Constitution that states, “A court shall not pass any order or direction, ad interim or otherwise, in relation to an election for which schedule has been announced, unless the Election Commission has been given reasonable notice and an opportunity of being heard.”
Meanwhile, Chief Election Commissioner KM Nurul Huda in a surprise visit went to Gazipur on Tuesday evening. But it was not clear why he made the visit.
On Sunday last, a bench of the High Court, comprising Justice Naima Haider and Justice Zafar Ahmed passed the stay order following hearing on a writ petition.
The Election Commission on March 31 last announced the election schedules for Khulna and Gazipur city corporations fixing the voting for May 15.
