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Rule 90(Gha)
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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
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Rule 92(1)
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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
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