The Appellate Division of the Supreme Court (SC) has cancelled the Election Commission’s decision to suspend the 13th parliamentary election process in the Pabna-1 and Pabna-2 constituencies.
Following the apex court order, there is no bar to holding polls in these two constituencies on 12 February, lawyer Najib Momen told Times of Bangladesh on Thursday.
Earlier, on 10 January, the EC decided to suspend the elections in Pabna-1 (Constituency 68) and Pabna-2 (Constituency 69) until further instructions. The decision followed an order of the Appellate Division regarding complexities over constituency demarcation.
An appeal was filed with the Appellate Division of the SC on 12 January against that decision. The appeal sought directives to hold elections in the two constituencies on time and to begin the electoral process.
On Thursday, the apex court issued the order after hearing the appeal filed by Jamaat-e-Islami candidate Najibur Rahman Momen.
Acting Attorney General Arshadur Rouf and Additional Attorney General Anik R Haque appeared for the EC. On the other hand, lawyer Imran A Siddiqui represented the applicant.
EC Deputy Secretary Mohammad Monir Hossain said that on 6 January the commission issued letters to the returning officers concerned, instructing them to suspend polls in the two constituencies.
The letter stated that, in light of the Appellate Division’s 5 January order on the boundaries of the election areas, the polls scheduled for 12 February in these constituencies would remain suspended until further notice.
Earlier, on 5 January, the Appellate Division suspended the gazette issued on 24 December last year that redefined the boundaries of the Pabna-1 and Pabna-2 parliamentary seats. The suspension was imposed until completion of hearings on the leave-to-appeal against the related High Court verdict.
On 18 December, the High Court had declared illegal the portion of the EC gazette that excluded four unions and a municipality of Bera upazila from Pabna-1 and attached them to Pabna-2. The court also ordered restoration of the two constituencies to their previous boundaries and directed publication of a fresh gazette within 24 hours.
