HC clears way for 25 Jamaat candidates to contest polls
STAFF REPORTER, Dhaka
The High Court (HC) yesterday cleared the way for 25 Jamaat-e-Islami contenders for the 11th parliamentary election by declining to direct the Election Commission (EC) to treat the leaders as disqualified for contesting the election. However, the HC issued a rule asking the EC and government to explain in four weeks why the ECs decision allowing them to contest the general election should not be declared illegal. The HC bench of Justice ABM Hassan and Justice Md Khairul Alam came up with the rule following a petition filed jointly by Bangladesh Tariqat Federation and Amra Muktijoddhar Santan. But the HC bench did not pass any stay order to direct the EC to treat the 25 Jamaat leaders as disqualified for contesting the next polls. Now there is no legal bar for the Jamaat leaders to take part in the election following the High Court order, lawyers concerned opined.
Of them, 22 are in the race with the BNPs electoral symbol and three will contest the polls as independent candidates. Barrister Tania Amir appeared for the petitioners and barrister Md Yasin Khan represented the EC. Barrister Ruhul Quddus Kazol stood for two of the candidates.
Later, barrister Yasin told The Independent that the Jamaat leaders would be able to contest the election as the HC did not pass any stay order against their candidature. Earlier on Thursday, the writ petition was filed with the HC challenging the ECs decision to approve the candidature of the Jamaat leaders for the upcoming 11th general election. It was filed as a supplementary writ challenging the ECs decision that rejected an application for cancellation of the Jamaat leaders candidature.
Earlier on Sunday, the EC had declared that the 25 Jamaat-e-Islami leaders can fight the polls as the commission has no authority to revoke their candidature. On December 18, the HC asked the EC to dispose of the application filed for cancelling the candidature of the Jamaat leaders by three working days. After a meeting of the commission, EC secretary Helaluddin Ahmed said they examined the related law and found scope for rejecting the Jamaat leaders candidature. The returning officers (ROs) have accepted and finalised the nomination papers. But no objections were filed with the election tribunal against the returning officers decisions, he added.
Besides, the ROs also allocated electoral symbol to the Jamaat leaders, he noted. The EC scrapped the Jamaats registration following an HC verdict in 2013.
