The High Court ruled on Monday that Bagerhat will retain its four parliamentary constituencies, and Gazipur will retain five constituencies – after scrapping an Election Commission decision.
In a gazette notification on 4 September, the EC had increased the number of constituencies in Gazipur from five to six while reducing the number from four to three in Bagerhat. The constituency delimitation was part of the EC’s initiatives ahead of the 13th parliamentary elections, which are expected to be held in February next year.
With this verdict, the EC finds itself in a new complication ahead of the national election. This is because the delimitation of constituencies must be finalised before the election schedule is announced.
According to EC officials, there are two possible steps the commission may take to deal with this situation: either comply with the court’s verdict or file an appeal against it.
Officials also expressed concern that, since around 30 other writ petitions have been filed from different constituencies across the country, this verdict could trigger further complications regarding those cases as well.
Under Section 7 of the Delimitation of Constituencies Act 2021, no question can be raised in any court or before any authority regarding the boundaries determined under the Act, the formation of any regional constituency, or any proceeding undertaken by the commission. Similarly, Article 125(a) of the Constitution stipulates that no question can be raised in court regarding electoral laws or the delimitation of constituencies.
In other words, according to Article 124 of the Constitution, any law enacted or deemed to be enacted regarding constituency delimitation or seat allocation cannot be challenged in court.
When asked about the matter, EC Senior Secretary Akhter Ahmed said they heard the news in the media. “The commission will make its next decision after receiving a copy of the verdict of the court,” he told TIMES of Bangladesh.
“According to the Constitution, there is no scope to question the Commission’s decision regarding constituency delimitation. However, since the High Court has given a verdict, the Commission will review it,” he added.
A High Court bench comprising Justice Shashanka Shekhar Sarkar and Justice Faisal Hasan Arif passed Monday’s verdict following the final hearing of rules issued in response to two separate writ petitions.
Deputy Attorney General Mohammad Mehedi Hasan, who represented the state at the hearing, said the court made the rule absolute and declared the EC’s new gazette illegal. As a result, Bagerhat will retain four and Gazipur will retain five parliamentary constituencies.
Rejecting this proposal, various political parties observed strikes, blockades, and other protest programmes. A hearing was also held by the commission regarding the demand to keep the four constituencies intact. However, the EC remained firm in its decision.
Challenging the EC gazette, two writ petitions were filed with the High Court seeking to retain the four parliamentary constituencies in Bagerhat.
Bagerhat Press Club, Bagerhat District Bar Association, the district units of BNP, Jamaat-e-Islami, Islami Andolan Bangladesh, and the District Truck Owners Association filed the two writ petitions. The respondents in the case were the government of Bangladesh, the Chief Election Commissioner, the Secretary of the EC, and the Attorney General.
