Postpone Sylhet-3 by-polls till August 5: High Court
The High Court today stayed the by-election to Sylhet-3 constituency, scheduled for July 28, till August 5 -- 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 to postpone the by-election because of the ongoing surge in Covid-19 cases.
The bench said this court will make further decision about holding the by-election after August 5 on hearing the petition in details and observing the circumstances.
Justice M Enayetur Rahim asked Attorney General AM Amin Uddin to communicate the stay order to the EC.
Lawyer Mohammad Shishir Manir appeared for the writ petitioners while Deputy Attorney Generals Samarendranath Biswas and Bipul Bagmar opposed the writ petition.
Earlier in the day, 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 Election Commission to hold the by-election to Sylhet-3 on July 28.
Citing the petition, he said the deadline for the by-election to Sylhet-3 constituency 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 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 by-election to Sylhet-3 constituency 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 in the by-polls.
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