The High Court today cleared the way for the Election Commission to hold the by-election to Kurigram-3 constituency to be held tomorrow.
The HC bench of Justice JBM Hassan and Justice Md Khairul Alam rejected a writ petition that sought stay on the process for holding the by-election to Kurigram-3 constituency claiming the election schedule is illegal.
The by-election to this constituency which felt vacant after Jatiya Party lawmaker AKM Maidul Islam died on May 11 is scheduled to be held tomorrow.
Deputy Attorney General Motaher Hossain Sazu told The Daily Star that there is no legal bar for the EC to hold the by-election tomorrow following the HC order.
He said the HC summarily rejected the writ petition on the ground that the petition is not acceptable as he (petitioner) is not aggrieved with the election schedule which he challenged in the petition.
Besides, the writ petitioner is not a candidate in the election and he has no bar to cast his vote in the election, DAG Motaher added.
SM Mostafizur Rahman, a resident of Ramna union under Chilmari upazila of Kurigram, filed the writ petition with the HC on July 18 challenging the legality of the schedule issued by the EC on June 10 for holding the by-election to Kurigram-3 constituency.
In the petition, Mostafizur sought a stay order from the HC on the process for holding the by-election.
Petitioner’s lawyer Advocate Sheikh Jahangir Alam told The Daily Star that the EC had issued a gazette notification on December 13, 2013 on including four unions of Chilmari upazila with Kurigram-3 constituency. The unions are -- Chilmari, Ramna, Raniganj and Thanahat.
The EC on April 30 this year issued another gazette notification on including the same four unions with Kurigram-4 constituency.
However, in the election schedule issued on June 10 this year, the EC said the residents of the four unions will be able to cast their votes in the by-election to Kurigram-3 constituency.
Writ petitioner Mostafizur said in the petition that he is now a voter of Kurigram-4 constituency as per the gazette notification issued by the EC on April 30 this year.
But, he (Mostafizur) is allowed to cast his vote in the by-election to Kurigram-3 as per the election schedule which is illegal, Advocate Sheikh Jahangir Alam added.