Legality of Zila Parishad polls questioned
HC issues another rule on EC, govt on the Dec 28 election
STAFF REPORTER
A High Court bench yesterday issued a rule asking the Election Commission and government to explain why the schedule for holding the Zila Parishad election on December 28 should not be declared illegal. This is the second HC rule on the EC and government over the issue.
In the rule, the court also asked the government and Election Commission to explain why the provisions of district council law that allowed an electoral body to cast vote in the district council election should not be declared illegal. The High Court bench of Justice Quamrul Islam Siddique and Justice Sheikh Hassan Arif came up with the rule following a writ petition filed by Supreme Court lawyer Rumi Farhana.
She submitted the petition on December 14 challenging the legality of the Sections 4 (2) and 17 of the Zila Parisahd Act, Section 5 of Zila Parishad Amendment Act, and the election schedule. She said, in the petition, the sections are contrary to the relevant provisions of the constitution as the charter does not allow any indirect voting.
Earlier, on December 5, another HC bench comprising Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah issued a rule asking the Election Commission and government to explain why the schedule for holding the Zila Parishad election on December 28 should not be declared illegal.
Supreme Court lawyer Advocate Eunus Ali Akond filed the writ petition on November 29 seeking a stay on holding elections to district councils (zila parishad) scheduled for December 28.
After issuing the rule, the HC said that it would hold hearing on a similar pending rule, issued in 2000 following a writ petition challenging constitutionality of Zila Parishad Act.
In 2000, former Bangladesh Nationalist Party MP and SC lawyer Khairul Enam filed the first writ petition challenging the District Council Act immediately after it was enacted, paving way for holding indirect district council elections.
After hearing his writ petition, the then HC bench of Justice Mainur Reza Chowdhury and Justice Md Muzammel Hossain issued a rule on July 19, 2000, asking the government to explain in three weeks why the newly enacted Zila Parishad Act should not be declared illegal.
Meanwhile, a High Court bench, following another writ petition, stayed the effectiveness of the voter list of two Union Parishads in Satkhira for the election of its district council.
