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SC upholds rejection of writ against gazette on Papul's MP post

June 18, 2021 00:00:00


The Appellate Division of the Supreme Court (SC) on Thursday dismissed the petition challenging the validity of the gazette declaring the parliamentary seat of Md Shahid Islam Papul in Laxmipur-2 constituency vacant and the by-election schedule, reports BSS.

A virtual appellate division bench led by Chief Justice Syed Mahmud Hossain passed the order declaring that there is no obstacle for the by-election to be held on June 21 in Laxmipur-2 constituency.

As the High Court division directly rejected the writ petition on June 8, Papul's sister Nurunnahar Begum and Shahadat Hossain, the proposer of his nomination papers, applied to the Appellate Division.

The Supreme Court dismissed the petition on the day after the hearing.

The High Court on June 14 dismissed a writ petition filed by former MP of Laxmipur-2 constituency and BNP leader Abul Khair Bhuiyan seeking postponement of the by-polls scheduled for June 21.

The Appellate Division issued a 'no-order' against his appeal against the order.

Senior lawyer Barrister Rokon Uddin Mahmud stood on behalf of Papul's sister and proposer, while Barrister AM Mahbub Uddin Khokon moved the plea of Abul Khair Bhuiyan.

Attorney General AM Amin Uddin represented the state.

Shahid Islam Papul became an independent member of parliament in the December 30, 2018 elections.

A Kuwaiti criminal court on January 28 convicted him in a bribery case. The judge sentenced him to four years rigorous imprisonment as well as fined 19 lakh Kuwaiti dinars or 53,19,62,000 crore taka.

The seat was declared vacant as per Article 67(1)(D) of the constitution, as Papul was no more eligible for the post as per the article 66(2)(D) after being convicted. And so, the schedule for the by-elections was announced.

Papul's sister Nurunnahar Begum and Shahadat Hossain filed a writ petition in the High Court challenging the declaration of the seat as vacant and the validity of the by-election schedule in the seat.


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