Dhaka, Dec 27 – The High Court on Thursday cleared the way for 25 Jamaat-e-Islami contenders for the 11th parliamentary elections as it declined to direct Election Commission to treat the Jamaat leaders disqualified for contesting the election. However, the HC issued rule asking the election commission and government to explain in four weeks why the EC’s decision allowing them to contest in the general elections should not be declared illegal.
The HC bench of Justice ABM Hassan and Justice Md Khairul Alam came up with the rule following a petition filed jointly by Bangladesh Tariqat Federation and Amra Muktijoddhar Santan challenging the EC 23 December order.
But, the HC bench did not pass any stay order directing the EC to treat 25 Jamaat men disqualified for contesting in the general election.
Now there is no legal bar for 25 Jamaat men to take part in the election following the High Court order, lawyers concerned opined.
Of them, 22 are in the race with BNP’s electoral symbol “sheaf of paddy” and three as independent candidates.
Barrister Tania Amir appeared for the petitioners while Barrister Dr Md Yasin Khan represented the EC and Barrister Ruhul Quddus Kazol stood for two of the candidates.
Later, Barrister Yasin told Journalists that the Jamaat men could contest in the election as the High Court did not pass any stay order against their candidacies.
Earlier on Thursday, the writ petition was filed with HC challenging EC’s decision to approve the candidacies of 25 Jamaat-e-Islami leaders for the upcoming 11th general election.
The petition was filed as a supplementary writ challenging the EC’s decision that rejected an application for cancellation of the Jamaat leaders’ candidacy.
Earlier on Sunday, EC declared that 25 Jamaat-e-Islami leaders can be there in the election race as the commission has no authority to revoke their candidatures since they are contesting the polls as BNP
and independent candidates as it has no legal jurisdiction to annul their candidacies.
Of the 25 candidates, 22 are contesting the election with election symbol ‘sheaf of paddy’ while the rest are independent ones.
On December 18, HC asked EC to dispose of the application filed for cancelling the candidacies of 25 Jamaat-e-Islami men by three working days.
After a meeting of the commission, EC Secretary Helaluddin Ahmed said they have examined the related law and “there is no scope for rejecting the Jamaat leaders’ candidacy at this moment”.
Helaluddin said returning officers accepted and finalised the Jamaat leaders’ nomination papers. But no objections were filed with the election tribunal against the returning officers’ decisions.
Besides, the ROs also allocated electoral symbol to the Jamaat leaders, he added.
The EC scrapped Jamaat’s registration following an HC verdict in 2013. – Staff Reporter
