CEC served legal notice to postpone by-polls to Sylhet-3
Five Supreme Court lawyers yesterday served a legal notice on Chief Election Commissioner (CEC) KM Nurul Huda, requesting him to postpone the by-election to Sylhet-3 constituency scheduled to be held on July 28, due to the ongoing pandemic.
Advocate Mohammad Shishir Manir sent the notice on behalf of the lawyers to the CEC through email, saying that holding the by-election on July 28 is contradictory to the ongoing lockdown, which has been enforced by the government.
In the legal notice, the lawyers said there is no constitutional obligation for the election commission to hold the by-election on July 28. They said if the CEC does not postpone it, they will move to the High Court for necessary directives to this effect.
Citing the legal notice, lawyer Shishir Manir said the CEC has reportedly said on Saturday that the by-polls to Sylhet-3 will not be postponed due to constitutional and legal obligations, which is not a correct statement.
The deadline for the by-election is September 7 this year according to article 123 (4) of the constitution.
The article says an election to fill the seat of a member of Parliament which falls vacant otherwise than by reason of the dissolution of Parliament shall be held within ninety days of the occurrence of the vacancy.
Provided that in a case where, in the opinion of the CEC, it is not possible, for reasons of an act of God, to hold such election within the period specified in this clause, such election shall be held within ninety days following next after the last day of such period.
Shishir Manir said holding the by-election to Sylhet-3 constituency of 3.52 lakh voters is against the government's lockdown policy.
The constituency fell vacant after parliamentarian Mahmud Us Samad Chowdhury died of coronavirus on March 11.
Ruling Awami League candidate Habibur Rahman Habib, JP candidate Mohammad Atiqur Rahman, Bangladesh Congress candidate Junayed Mohammad Miah and BNP rebel candidate Shafi Ahmed Chowdhury are contesting the by-polls.
The five lawyers who served the legal notice on public interest are Mohammd Mujahidul Islam, Al-Reza Md Amir, Md Jobaidur Rahman, Md Zahirul Islam and Mustafizur Rahman.
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