HC clears way for Laxmipur-2 by-polls
The High Court yesterday cleared the way for holding the Laxmipur-2 constituency by-election, where Mohammad Shahid Islam -- also known as Kazi Papul -- had been elected as an independent lawmaker.
The court summarily rejected a writ petition filed by BNP leader and former lawmaker Abul Khair Bhuiyan. The petition challenged the legality of decisions for announcing the Laxmipur-2 constituency vacant and the schedule for holding a by-election on June 21.
The bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah came up with the order after hearing arguments from Attorney General AM Amin Uddin and the petitioners' lawyers AM Mahbub Uddin Khokon.
On February 22, the parliament secretariat issued a gazette notification announcing that the constituency fell vacant due to Kazi Papul's moral turpitude, after a Kuwait court on January 28 sentenced him and four others to four years in jail in a bribery case.
The court passed yesterday's rejection order on the grounds that there is no legal bar for holding the by-election to a constituency if any election petition regarding a previous election of the same constituency is pending with this court.
Besides, the election petition filed by Abul Khair Bhuiyan challenging the election held on December 30, 2018 was admitted by another HC bench much later (more than two years) into its submission, the bench said.
Khair Bhuiyan had submitted the petition to the HC on January, 2019, citing irregularities and vote rigging in the Laxmipur-2 constituency election held on December 30, 2018.
However, the HC bench of Justice SM Kuddus Zaman admitted the petition on April 4 for its hearing, Khair Bhuiyan's lawyer Shanjid Siddique told The Daily Star.
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