Dhaka, Dec 17 (UNB) – The country’s apex court on Monday curbed the way for BNP candidates for Dhaka-1, Dhaka-7, Bogura- 3, Bogura-7 and Manikganj-3 constituencies to participate in the forthcoming general election slated for December 30.
The Appellate Division of the Supreme Court ruled that Adamdighi upazila parishad chairman Abdul Muhit Talukdar and Shahjahanpur upazila parishad chairman Sakar Badal cannot contest the election from Bogura-3 and Bogura-7 respectively for not stepping down from the chairman post.
Besides, Dhamrai upazila parisahd chairman Tomij Uddin cannot take part in the election from Dhaka-20 as his resignation was not accepted.
The Appellate Division bench, led by Chief Justice Syed Mahmud Hossain, passed the orders after hearing separate petitions.
Advocate AJ Mohammad Ali and Prabir Niyogi stood for the BNP candidates while Attorney General Mahbubey Alam and Advocate Obaidur Rahman Mostafa represented the Election Commission.
On December 2, the returning officer cancelled Tomij Uddin’s nomination. However, the Election Commission during hearing his appeal on December 6 declared his nomination valid.
Awami League candidate in the Dhaka-20 constituency Benazir Ahmed filed a writ petition with the High Court against the EC decision and the HC turned down the EC decision declaring his candidacy valid.
Following an appeal filed by Tamij Uddin against the HC order, Chamber Judge Hasan Foez Siddique on December 12 stayed the HC order and sent the petition to the Appellate Division for hearing.
Nominations of two other candidates Abdul Muhit Talukdar and Sarkar Badal were rejected by returning officers for not resigning from their respective upazila chairman post.
They filed separate writ petitions with the High Court challenging RO’s decision and the HC on December 9 stayed the RO decision.
The Election Commission later appealed against the HC order with the Appellate Division when the Chamber Judge stayed the HC order and sent it to the full bench.
In another order, the seven-member Appellate Division bench upheld an HC order that had stayed the nomination of BNP candidate Afroza Khan Rita for Manikganj– 3 constituency on loan default charge.
The HC on December 12 stayed EC’s nomination approval after hearing a writ petition filed by Sonali Bank Ltd accusing Rita, daughter of late BNP leader Harunur Rashid Khan Monno, of loan default.
Meanwhile, the High Court issued a rule staying the EC decision that had legalised the nomination paper of Nawabganj upazila parishad chairman and BNP candidate for Dhaka-1 constituency Khandker Abu Ashfaq.
A bench of Justice JBM Hassan and Justice Md Khairul passed the order after hearing a writ petition filed by Jalal Uddin, Bikalpa Dhara Bangladesh contestant for the parliamentary seat.
AM Amin Uddin who along with Barrister Shamim Ahmed Mehedi and Barrister Abdul Qaiyum stood for the petitioner said Ashfaq filed the nomination before his resignation from the post of upazila parisahd chairman was accepted.
Qaiyum said the BNP candidate cannot contest the election following the court order.