Dhaka, May 6 – The Chamber Judge of the Appellate Division will hold the hearing Tuesday on an appeal filed by BNP mayoral candidate Md Hasan Uddin Sarker challenging the High Court order that stayed the Gazipur city corporation (GCC) election for three months.BNP mayoral candidate Md Hasan Uddin Sarker filed an appeal yesterday morning and moved before the chamber court in the afternoon for holding hearing on the appeal. But, the hearing did not take place as the lawyers of Hasan could not submit the relevant documents document before the court in time.
However, they later submitted the all necessary documents before the court and appeared before the chamber court for the hearing on the appeal. But, the lawyers of the opposite party were not present before the court. Hence, the hearing could not take place yesterday, concerned lawyer opined.
After coming out from the court, Advocate Zainul Abedin, counsel for Hasan, alleged that the petitioner lawyers skipped the court proceeding so that the court could not hold the hearing on the appeal.
“We have informed the petitioner’s lawyers for taking part in the hearing, but they did not appear before the court. As a result the court fixed for tomorrow for holding hearing on the appeal,” he added.
Barrister Mahbub Uddin Khokan, another lawyer for Hasan, told reporters that they have filed appeal against the HC order citing four legal grounds.
Citing article 125 (c) of the constitution, Khokan said that as per the article the court cannot stay any election after declaring election schedule by the commission.
Article 125 (c) of the constitution says, “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.”
Besides that the petitioner has already filed a writ petition earlier over the same issues and the HC disposed of the writ petition. So, two petitions cannot be filed over the same issues as per the law.
Skipping the previous court order, the petitioner secured the stay order from the High Court, which is illegal in the eye of law, Khokan said adding “We hope that the apex court will stay the High Court order after hearing our appeal.”
Earlier on Sunday, in response to a writ petition the HC stayed Gazipur City Corporation election for three months which was scheduled to be held on May 15.
It also issued a rule asking the government to explain as to why the inclusion of six moujas of Dhaka district into GCC should not be declared illegal.
The government on January 16, 2013 published a gazette incorporating six moujas of Shimulia union of Savar district (South Boroibari, Domna, Shibrampur, West Panishail, South Panishail and Domnag) under Gazipur City Corporation but according to law, GCC was formed with Gazipur and Tongi municipalities.
ABM Azharul Islam Suruj, Shimulia union parishad chairman of Savar, filed the writ on Sunday morning challenging the legality of the gazette as the Election Commission announced the election schedule incorporating six moujas of Dhaka district, which is illegal.
Chief election commissioner KM Nurul Huda announced the election schedule for Gazipur and Khulna city corporations on March 31. – Staff Reporter
