HC gives split decision over Khaleda’s candidature

AD stays candidatures of BNP nominees Tuku, Dulu

M Moneruzzaman | Published: 00:00, Dec 12,2018 | Updated: 00:03, Dec 12,2018

 
 

Bangladesh Nationalist Party chairperson Khalea Zia. -- New Age file photo

A two-judge bench of the High Court Division on Tuesday gave split decisions regarding validity of candidature of former prime minister and BNP chairperson Khaleda Zia, now in jail.
Justice Syed Refaat Ahmed, the senior judge, found her candidature valid and in a ruling asked the Election Commission to explain in four weeks why rejection of her nomination papers by it would not be declared as illegal.
The junior judge, Justice Md Iqbal Kabir summarily rejected her three writ petitions challenging cancellation of her nomination papers for three constituencies by the EC.
Later, the bench sent Khaleda’s three writ petitions to the Chief Justice for settling the matter by a 3rd bench.
The Chief Justice did not assign her writ petitions to the 3rd bench until 7PM on Tuesday, court officials told New Age.
After hearing separate writ petitions of BNP leaders, Mir Mohammad Nasiruddin and his son Mir Helaluddin and
Jatiya Party’s Ruhul Amin Hawlader, a bench of Justice Tariq ul Hakim and Justice Md Shohrowardi dropped their petitions from the day’s cause list saying they were ‘not maintainable’.
The EC rejected nomination papers of Nasiruddin and Helaluddin as convicts while Hawlader’s for defaulting loan repayment.
On the day, the Appellate Division’s Judge in Chamber stayed High Court Division’s directives allowing BNP leaders Iqbal Hasan Mahmood Tuku and Ruhul Quddus Talukder Dulu to contest the election by staying the EC’s rejection of their nomination papers as convicts.
The chamber judge also stayed the High Court Division’s separate directives allowing candidacy of BNP leaders, Sarker Badul for Bogura 7 and Abdul Muhit Talukder for Bogura 3 constituency.
The EC’s decisions disqualifying them on the ground that they did not resign as upazila parishad chairmen before dropping the nomination papers for the parliamentary polls.
The chamber judge posted EC’s appeals for hearing by the Appellate Division’s full court today.
The EC, however, did not appeal against the High Court directives allowing five municipal mayors to contest the general election without resigning as mayors.
When attorney general Mahbubey Alam was asked to comment how barrister Nazmul Huda was allowed to contest election as convict, he replied, ‘I don’t know.’

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