AL MP Jasim loses his parliament seat
Monday, 19 October 2009
Lawmaker of the Awami League Major (Retd) M Jasim Uddin lost his parliament seat in a legal battle between two former army majors following an election dispute, reports UNB.
The Appellate Division of the Supreme Court (SC) Sunday upheld High Court (HC) order that had declared "illegal" his parliament membership after former BNP minister Major (Retd) Hafiz Uddin Ahmed had challenged the validity of his rival's candidature.
Passing the order, the Appellate Division dismissed the leave-to-appeal application filed by Major Jasim of Bhola-3 constituency against the HC judgment.
In February this year, the HC, following major Hafiz Uddin's writ petition, declared illegal the impugned action of the Election Commission that had directed the Returning Officer to accept Jasim's nomination paper for contesting the December 29, 2008 general election "in violation" of the Representation of People Order (RPO).
According to the HC judgment, Major Jasim had flouted the RPO rule that bars one from contesting national elections before five years from the time of his/her voluntary retirement from government service.
Jasim went on voluntary retirement from the army on August 31 in 2004.
After the parliament election was over, the reformist BNP leader, Maj (retd) Hafiz, filed the writ petition on ground that Major Jasim stood for the election before the expiry of five years from retirement and hence violated the RPO provision.
It happens to be the first instance of an MP of the present parliament-losing seat for illegality of election at the polls held after two years of political turmoil since the 1/11 changeover.
A good many other disputes are pending with election tribunals.
Barrister Rafique-ul Huq appeared for the dissident BNP leader while Advocate Mahmudul Islam represented the Election Commission.
The Appellate Division of the Supreme Court (SC) Sunday upheld High Court (HC) order that had declared "illegal" his parliament membership after former BNP minister Major (Retd) Hafiz Uddin Ahmed had challenged the validity of his rival's candidature.
Passing the order, the Appellate Division dismissed the leave-to-appeal application filed by Major Jasim of Bhola-3 constituency against the HC judgment.
In February this year, the HC, following major Hafiz Uddin's writ petition, declared illegal the impugned action of the Election Commission that had directed the Returning Officer to accept Jasim's nomination paper for contesting the December 29, 2008 general election "in violation" of the Representation of People Order (RPO).
According to the HC judgment, Major Jasim had flouted the RPO rule that bars one from contesting national elections before five years from the time of his/her voluntary retirement from government service.
Jasim went on voluntary retirement from the army on August 31 in 2004.
After the parliament election was over, the reformist BNP leader, Maj (retd) Hafiz, filed the writ petition on ground that Major Jasim stood for the election before the expiry of five years from retirement and hence violated the RPO provision.
It happens to be the first instance of an MP of the present parliament-losing seat for illegality of election at the polls held after two years of political turmoil since the 1/11 changeover.
A good many other disputes are pending with election tribunals.
Barrister Rafique-ul Huq appeared for the dissident BNP leader while Advocate Mahmudul Islam represented the Election Commission.