Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Local Government (Union Parishad) Rules, 2010
Section/Order/Article/Rule/Regulation Head Note
Rule 90(Gha)

Declaring the result of the election–
The election was suspended albeit for a while. In such a situation, the Presiding Officer was palpably wrong in declaring the result of the election. We find that the Election Commission rightly cancelled the election for that polling centre. In view of the discussion above, we do not find any illegality or impropriety in the impugned judgement and order of the High Court Division. .....Deloar Hossain(Md.) =VS= Election Commission, (Civil), 2018 (2) [5 LM (AD) 169] ....View Full Judgment

Rule 92(1)

The Local Government (Union Parishad) Rules 2010
Rule 92(1) read with
The Constitution of Bangladesh
Article 119(2)
Election Commission by letter dated 17.05.2016 stayed publication of the election result in the Gazette– Rule 92(1) of the Local Government (Union Parishad) Election Rules, 2010 the Commission acted bona fide in staying the Gazette Notification–As per the provisions of Article 119(2) of the Constitution read with Rules 3, 77, 78, 79, 80, 81, 85 and 90 of the Local Government (Union Paishad) Election Rules, 2010, the Election Commission is empowered to conduct the Union Parishad election freely, fairly, justly and honestly which covers the entire process–
Find from annexure-4 report of Mihir Sarwar Morshed, Regional Election Officer, Dhaka that after elaborate inquiry it was found that in 4(four) of the polling centres, namely centre Nos.6, 7, 8 and 9 there were irregularities or illegalities in the casting of votes and that the Presiding Officers were not able to carry out their duties properly.
In the light of complaints having been lodged on the date of election and the findings of the report mentioned above, it cannot be said that no allegation of irregularities and illegalities was made on the date of election.
The Election Commission rightly interfered and that it was within the jurisdiction of the Election Commission to take action against allegation of irregularities and illegalities which were brought to its notice on the very day of election.
We find that the judgement and order of the High Court Division is not in accordance with law and accordingly the impugned judgement and order is set aside. ...Election Commission, Bangladesh =VS= Noruzzaman Sarker, (Civil), 2019 (1) [6 LM (AD) 98] ....View Full Judgment