By-polls to Sylhet-3 postponed till Aug 5
The High Court yesterday stayed till August 5 the by-election to Sylhet-3 constituency, which was scheduled to be held on Wednesday, due to the ongoing "strict lockdown".
The HC bench of Justice M Enayetur Rahim passed the order following a writ petition filed seeking its directive on the Election Commission (EC) in this regard.
While passing the order, the HC bench said this court will make further decision on holding the by-election after August 5 on hearing the petition in details and observing the circumstances.
"The government is serious about restraining the surge of Covid-19 infection. There is time for holding the by-polls till September 7 as per the constitutional provisions. Considering all the aspects, the by-election has been stayed till August 5," said Justice Enayetur Rahim.
The HC bench also asked Attorney General AM Amin Uddin to communicate the stay order to the EC.
During the hearing, petitioners' lawyer Mohammad Shishir Manir told the HC that 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 90 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 90 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 on July 28 is against the government's lockdown policy. There is no constitutional and legal bar to defer the date till September 7, he argued.
Deputy attorney generals Samarendranath Biswas and Bipul Bagmar opposed the petition, saying that the EC has taken all preparations for holding the by-election on July 28 following the health safety rules.
Earlier in the day, six lawyers of the Supreme Court and seven voters of Sylhet-3 collectively submitted the petition as a public interest litigation to the HC saying that holding the by-polls on July 28 is contradictory to the ongoing lockdown, which has been enforced by the government to restrain the surge of Covid-19 pandemic.
The constituency fell vacant after parliamentarian Mahmud Us Samad Chowdhury died of coronavirus on March 11.
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.