The High Court (HC) will hear on September 29 the pending writ petition challenging the legality of the Election Commission's (EC) gazette notification, finalising the re-demarcation of parliamentary constituencies.
The case is likely to draw much more attention in the hearing as BNP Chairperson Khaleda Zia has asked pro-party lawyers to start legal battle together against the demarcation, sources in the BNP said.
The BNP chief gave the directives on Saturday night when three lawyers, who are the counsels of the writ petition filed with the HC, met her at her cantonment residence. On instructions, the pro- BNP lawyers practising in the Supreme Court are preparing for the legal fight, sources added.
Responding to a prayer moved by barrister Nasiruddin Ahmed Asim, a counsel for the writ petitioner, a vacation bench of the HC comprising Justice Nazmun Ara Sultana and Justice Md Rezaul Haque yesterday fixed the date for hearing on the writ petition.
Barrister Asim told the court that they need extra time for making preparations for moving the petition before the court.
Dr Shahdeen Malik, a counsel for the EC, opposed the time prayer saying that the matter should be immediately disposed of in the HC, since the date for holding the next parliamentary election has already been announced.
While talking to The Daily Star Dr Malik yesterday said that there was utmost urgency for hearing the matter for a judgement of the HC due to the announcement of the date for holding the national election.
He also expected that the writ petitioner would cooperate in hearing the matter and would not resort to delaying tactics to jeopardise the timely holding of the national election.
An HC bench of Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed on August 7 stayed for three months a gazette notification of the EC finalising the re-demarcation of parliamentary constituencies and also issued a rule on the government and the EC to explain why the July 10 gazette notification should not be declared unconstitutional and illegal.
The HC issued the rule following a writ petition by former BNP state minister Abdul Mannan challenging the July 10 gazette that brought changes to 84 of the 133 constituencies the commission had provisionally re-demarcated on April 29.
The petitioner stated in the petition that Article 122 of the constitution and the Electoral Roll (Amendment) Ordinance 2007 require that the authorities redraw the constituencies before the voter list is prepared so people could decide in advance in which constituency they would get registered as voters.
"The Election Commission has re-demarcated the constituencies after over 99 percent of the voter list was complete, violating the constitution," the petitioner said.
PRO BNP LAWYERS TO BE UNITED
“The BNP chairperson has expressed keen interest in the issue and asked us to initiate appropriate legal steps in this regard,” former BNP lawmaker barrister Rafiqul Islam Mia, also a counsel for writ petitioner Mannan, told The Daily Star yesterday.
Rafiqul, who met the BNP chairperson at her cantonment residence on Saturday night, said he started communicating with other senior lawyers upon the party chief's directives.
“I have already communicated with a number of senior lawyers including Khandaker Mahbubuddin Ahmed,” Rafiqul said.
He said they would move together against the redemarcation of the parliamentary constituencies.
During talks with the EC on Saturday, the BNP and its allies Jamaat-e-Islami and Islami Oikya Jote demanded cancellation of the July 10 gazette notification redrawing the parliamentary boundaries.
The parties asked the EC to hold the stalled ninth parliamentary polls according to the previously drawn parliamentary constituencies.