HC allows campaign in local body polls
Friday, 1 August 2008
In a landmark judgment, the High Court (HC) Thursday scrapped an Election Commission (EC) rule restricting election campaign by political parties in the local-body polls, which are held on non-party basis, reports UNB.
The court, however, declared valid the August 4 schedule for holding election to four city corporations and nine municipalities.
A division bench comprising Justice ABM Kahirul Haque and M Abu Tariq delivered the judgment on a Public Interest Litigation (PIL) writ petition, filed by Jasim Uddin Sarker, a Supreme Court lawyer and a leader of Dhaka city unit of Jamaat-e-Islami.
Earlier on July 15, a High Court division bench, responding to the PIL writ petition, had issued rule upon the government and the Election Commission to explain why the EC-declared August 4 schedule for the local elections without the final voter list 'should not be declared illegal.'
The judgment says the Election Commission has framed the election code-of-conduct rule restricting the political parties from the activities in favour of their candidates superseding the two May 14 Ordinances - Local Government (City Corporation) Ordinance 2008 and Local Government (Municipality) Ordinance 2008 - for holding the elections.
The Election Commission has "violated" the relevant original laws, which is "ultra vires to the Constitution", the HC opined.
The HC bench in its judgment said that, after examining the papers submitted by the Election Commission with regard to final voter list, it is clear that the EC had announced the election schedule after the final voter lists of the respective areas.
So, the petitioner's claim about holding elections to the four city corporations and nine municipalities without publishing the final voter lists "is not tenable."
Advocate Masood Reza Sobhan assisted by Tajul Islam and Barrister Fatema S Sobhan appeared for the petitioner, while Dr Shahdeen Malik for the Election Commission.
The EC on June 20 announced the election schedule, as a 'test case' with the new photo voter list ahead of the national election.
The court, however, declared valid the August 4 schedule for holding election to four city corporations and nine municipalities.
A division bench comprising Justice ABM Kahirul Haque and M Abu Tariq delivered the judgment on a Public Interest Litigation (PIL) writ petition, filed by Jasim Uddin Sarker, a Supreme Court lawyer and a leader of Dhaka city unit of Jamaat-e-Islami.
Earlier on July 15, a High Court division bench, responding to the PIL writ petition, had issued rule upon the government and the Election Commission to explain why the EC-declared August 4 schedule for the local elections without the final voter list 'should not be declared illegal.'
The judgment says the Election Commission has framed the election code-of-conduct rule restricting the political parties from the activities in favour of their candidates superseding the two May 14 Ordinances - Local Government (City Corporation) Ordinance 2008 and Local Government (Municipality) Ordinance 2008 - for holding the elections.
The Election Commission has "violated" the relevant original laws, which is "ultra vires to the Constitution", the HC opined.
The HC bench in its judgment said that, after examining the papers submitted by the Election Commission with regard to final voter list, it is clear that the EC had announced the election schedule after the final voter lists of the respective areas.
So, the petitioner's claim about holding elections to the four city corporations and nine municipalities without publishing the final voter lists "is not tenable."
Advocate Masood Reza Sobhan assisted by Tajul Islam and Barrister Fatema S Sobhan appeared for the petitioner, while Dr Shahdeen Malik for the Election Commission.
The EC on June 20 announced the election schedule, as a 'test case' with the new photo voter list ahead of the national election.