HC clears way for by-polls to Sylhet-3
The High Court yesterday cleared the way for the Election Commission to resume the process for holding by-election to Sylhet-3 constituency.
The court said the EC is at liberty to hold the by-polls at any convenient date before September 7.
The EC postponed voting of the by-election, which was scheduled to be held on July 28, till further notice as the HC on July 26 had ordered for suspending the polling till August 5 due to the ongoing "strict lockdown".
During hearing a writ petition, the HC yesterday said there is a time limit for holding the by-election to Sylhet-3 by September 7as per the constitutional provision.
The current "strict lockdown" has been extended for next five days and therefore, the EC can hold the by-polls between its end and September 7, said the HC bench of Justice M Enayetur Rahim.
The bench passed the order following the writ petition filed on July 26 seeking its directive on the EC to halt the by-election because of the ongoing surge in Covid-19 cases.
Attorney General AM Amin Uddin told the court that he will communicate the HC order to the EC.
Lawyer Mohammad Shishir Manir appeared for the writ petitioners during virtual hearing of the petition. Following the same petition, the HC bench on July 26 stayed the process for holding the by-election, scheduled for July 28, till August 5 -- due to the ongoing "strict lockdown".
On July 26, the bench had said this court will make further decision about holding the by-polls after August 5 on hearing the petition in details and observing the circumstances.
Earlier in the day (July 26), six lawyers of the Supreme Court and seven voters of Sylhet-3 constituency collectively submitted the petition to the HC, saying that holding the by-election on July 28 is contradictory to the ongoing lockdown.
In the petition, they said there is no constitutional obligation for the EC to hold the by-polls on July 28.
Citing the petition, he said the deadline for the by-election is September 7, 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 Chief Election Commissioner, 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 Sylhet-3 by-election for 3.52 lakh voters is against the government's lockdown policy.
The Sylhet-3 constituency fell vacant after parliamentarian Mahmud Us Samad Chowdhury died of coronavirus on March 11.
Habibur Rahman Habib of ruling Awami League, Mohammad Atiqur Rahman of Jatiya Party, Junayed Mohammad Miah of Bangladesh Congress and Shafi Ahmed Chowdhury, a BNP rebel candidate, are contesting the by-polls.
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