In light of the Appellate Division’s order regarding the boundary of constituencies in the 13th National Parliamentary Election, the Election Commission (EC) has decided to suspend the election in the constituencies of Pabna-1 and Pabna-2.
On Saturday, instructions regarding this matter were given to the concerned returning officer through a letter signed by EC’s Deputy Secretary Mohammad Murad Uddin Howlader.
The letter states that, in light of the Appellate Division’s order dated 5 January regarding the boundaries of electoral constituency 68 Pabna-1 and 69 Pabna-2, the Election Commission has decided to suspend the election in Pabna-1 and Pabna-2 of the 13th National Parliamentary Election scheduled for 12 February until further notice.
Until further instructions are provided, the election in these two constituencies will remain suspended, the letter added.
Earlier, on Friday, news of the cancellations in Pabna had been published in the media last Friday, EC’s Public Relations Division Director Ruhul Amin Mallik said that the news was false. He had said, “The news being circulated quoting the EC that the Election Commission has decided to suspend the election in Pabna-1 and Pabna-2 constituencies is not correct. It is requested that news on this matter to stop the circulation.”
Regarding this, while speaking to journalists on Saturday, EC Senior Secretary Akhtar Ahmed said, “We have received the High Court’s directive. There were some informational lapses initially, addressing which the election in Pabna-1 and 2 constituencies has been suspended.”
When asked why the EC had initially denied the matter and had requested the news be withdrawn, Akhtar Ahmed said, “What was said verbally yesterday, that has been conveyed in writing today. There is no need to bring up yesterday’s matter today.”
It is noted that the EC published a gazette on 4 September 4 last year rearranging the parliamentary constituencies, finalising, the boundaries of Pabna-1 constituency comprising the entire Santhia upazila and Pabna-2 constituency comprising Sujanagar and Bera upazilas was finalised.
Challenging the legality of this, Zahirul Islam from Bera upazila and Abu Saeed from Santhia upazila filed writ petitions in the High Court. After a preliminary hearing, the High Court issued a rule on 17 September last year.
After the hearing, the High Court handed down its verdict on 18 December. In its verdict, the part of the gazette regarding the exclusion of four unions and municipalities of Bera upazila from Pabna-1 constituency and merging them with Pabna-2 constituency was declared ultra vires (beyond legal authority). Simultaneously, instructions were given to publish a gazette within 24 hours, reinstating Pabna-1 and Pabna-2 constituencies as they had been before.
Thereafter, the EC published a revised notification regarding the two constituencies of Pabna on 24 December. There, as before, Pabna-1 constituency was shown comprising the entire Santhia upazila and Bera Municipality and Haturia Nakalia, Notun Veranga, Chakla, and Koitola unions of Bera upazila. And the boundary of Pabna-2 constituency was shown comprising the remaining five unions of Bera upazila and the entire Sujanagar upazila.
To stay the High Court’s verdict, Mohammad Najibur Rahman, candidate of Jamaat-e-Islami for Pabna-1 constituency, and the Election Commission filed separate applications. On 5 January, after the hearing, the Supreme Court stayed the relevant part of the Election Commission’s revised notification of 24 December.
The order of the Appellate Division, led by Chief Justice Zubair Rahman Chowdhury, stated that this stay order will remain in effect until leave to appeal (application seeking permission to appeal) is granted. As a result, for these two constituencies of Pabna, the EC’s September 4 gazette remains in effect.
That is, the boundaries of Pabna-1 constituency comprising Santhia upazila and Pabna-2 constituency comprising Sujanagar and Bera upazilas are currently in effect.
