HC asks EC to go ahead with Tangail by-polls

The High Court yesterday upheld the Election Commission's decision that had cancelled the candidacy of Krishak Sramik Janata League President Abdul Kader Siddique for Tangail-4 by-polls.

The HC bench of Justice Md Ashfaqul Islam and Justice Zafar Ahmed rejected a writ petition filed by Kader Siddique challenging the legality of cancelling his candidature on charge of loan default.

The court also directed the EC to proceed with the Tangail-4 by-polls in accordance with the law. The by-election was scheduled to be held on November 10 last year.

Mohammed Yeasin Khan, the lawyer for the EC, told The Daily Star that there is no legal bar for the EC to hold the by-election to Tangail-4 (Kalihati) constituency following the HC verdict. 

The EC will now fix a new date for holding the by-polls, he said, adding that Kader Siddique cannot contest the polls.

Kader Siddique's lawyer Raghib Rauf Chowdhury told this correspondent that his client will move an appeal before the Appellate Division of the Supreme Court against the HC judgment.

The HC has rejected his client's writ petition, saying it is not acceptable since there is a provision to file an appeal over the election dispute before the tribunal to be formed by the EC after the election is held, he said.

The lawyer added that the HC has not said whether Kader Siddique is a loan defaulter or not.  

On September 16 last year, the EC issued a notification, fixing November 10 for the by-polls that fell vacant following the resignation of Awami League lawmaker Abdul Latif Siddique from parliament.

It asked aspirants to submit their nomination papers by October 11.

On October 13 that year, the returning officer cancelled Kader Siddique's nomination on loan default charges.

He filed an appeal with the EC against the decision, but the commission on October 18 rejected his appeal. He later filed a writ petition with the HC against the EC's decision.

On October 21, following the writ petition, the HC directed the EC to accept Kader Siddique's candidacy and also asked it and the government to explain why the cancellation of his candidature for loan default could not be declared illegal.

After a government petition against the HC order, the Appellate Division of the SC on October 27 stayed the election till November 2.

On November 2, the apex court extended its stay order until the HC disposes of the rule and also asked the HC to settle the rule by January 31 this year.