HC starts hearing on demarcation petition
Thursday, 23 October 2008
The High Court (HC) began a full hearing Wednesday on the writ petitions challenging the legality of a gazette on new constituency boundaries, reports bdnews24.com.
The High Court bench of Justice Mir Hashmat Ali and Justice Shamin Hasnain, heard advocate ABM Nurul Islam, one of the petitioners, who told the court that according to section 124 of the constitution only parliament can pass laws regarding redrawing of constituency boundaries.
"The election commission has no authority to constitute such laws," he said.
The petitioner also stressed: "No laws have been challenged in this petition."
The Election Commission's lawyer, Mahmudul Islam has previously pointed out that article 125 of the constitution states no law regarding delimitation of parliamentary constituencies can be challenged in any court.
The High Court halted the gazette on re-demarcation of constituency boundaries for three months on Aug 7, following a writ petition filed by ex-BNP lawmaker Abdul Mannan.
ABM Nurul Islam and Arifur Rahman also filed petitions with the High Court on the same matter.
The High Court set Wednesday to begin simultaneous hearings of all the petitions.
The gazette on demarcation of 300 parliamentary seats was issued on July 10, redrawing boundaries of 133 of the constituencies.
The EC has also filed a counter petition with the upper court against the stay order.
The commission has said it cannot publish the final voter list on the basis of parliamentary seats with the High Court stay order on the effectiveness of the gazette still in place.
The EC has announced that the election schedule must be declared by Nov 2, at least 42 to 45 days ahead of the parliamentary polls, but the High Court stay order is effective up to Nov 6.
Political parties have also called for the legal wrangle on delimitation to be resolved as prospective candidates are unclear on which constituency they will stand from.
The High Court bench of Justice Mir Hashmat Ali and Justice Shamin Hasnain, heard advocate ABM Nurul Islam, one of the petitioners, who told the court that according to section 124 of the constitution only parliament can pass laws regarding redrawing of constituency boundaries.
"The election commission has no authority to constitute such laws," he said.
The petitioner also stressed: "No laws have been challenged in this petition."
The Election Commission's lawyer, Mahmudul Islam has previously pointed out that article 125 of the constitution states no law regarding delimitation of parliamentary constituencies can be challenged in any court.
The High Court halted the gazette on re-demarcation of constituency boundaries for three months on Aug 7, following a writ petition filed by ex-BNP lawmaker Abdul Mannan.
ABM Nurul Islam and Arifur Rahman also filed petitions with the High Court on the same matter.
The High Court set Wednesday to begin simultaneous hearings of all the petitions.
The gazette on demarcation of 300 parliamentary seats was issued on July 10, redrawing boundaries of 133 of the constituencies.
The EC has also filed a counter petition with the upper court against the stay order.
The commission has said it cannot publish the final voter list on the basis of parliamentary seats with the High Court stay order on the effectiveness of the gazette still in place.
The EC has announced that the election schedule must be declared by Nov 2, at least 42 to 45 days ahead of the parliamentary polls, but the High Court stay order is effective up to Nov 6.
Political parties have also called for the legal wrangle on delimitation to be resolved as prospective candidates are unclear on which constituency they will stand from.