Act/Law wise: Judgment of Supreme Court of Bangladesh (AD)
Representation of the People Order, 1972 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Articles 3 and 4 |
The Election Commission is constituted under Article 118(1) of the
Constitution and it consists of a Chief Election Commissioner and such
other Election Commissioners as may be appointed by the President and they,
in fact, constitute the Election Commission for Bangladesh. In that sense,
Election Commission is a composite body, an individual member can only act
under section 4 of the Order when he is authorised by the Commission
itself.
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Jatiya Party Vs Election Commission for Bangladesh and others, | 21 BLD (AD) 11 |
Article 12, 91E |
Constitution of Bangladesh, 1972
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Mohammed Abdul Wahed =VS= Kazim Uddin Ahmmed | 16 LM (AD) 663 |
Article 12(1) [Explanation-V] |
Representation of the People Order, 1972
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Md. Abul Kashem. -Vs- Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others | 1 ALR (AD) 108 |
Articles 14(5) and 51(l)(a) |
Respondent No. 2 having raised the question of petitioner's being defaulter at the time of election should be decided by the Election Tribunal after recording evidence as has been correctly found by the High Court Division and it has not acted arbitrarily or fancifully in awarding the cost of Taka 10,000.00 as the writ-petitioner has suppressed the fact. Mahbubur Rahman vs Divisional Election Tribunal and others 6 BLC(AD) 45. |
Mahbubur Rahman vs Divisional Election Tribunal and others | 6 BLC (AD) 45 |
Article 16(4) |
Allocation of protected election symbols in by-election-Election dispute at the intermediate stage of the election process does not fall within the jurisdiction of High Court Division under article 102 of the Constitution. Party Joint Secretary General has the locus stand! to contest the dispute over allocation of election symbol Withdrawal of candidature does not give a walkover to the candidate of the rival parly with regard to Hie allocation of symbol of other parly Jatiya. Party. Joint Secretary General Vs. Molussim Btilah and ofhers. 5 MLR (2001) (AD). |
Joint Secretary General Vs. Molussim Btilah and ofhers. | MLR (2001) (AD) |
Articles 19(b) and 20(1) |
The power of the Election Commission can only be exercised by it, and not
by any of its members alone.
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Jatiya Party -Vs.- Election Commission for Bangladesh and others | 12 ALR (AD) 54 |
Article 20(1)(a) |
Article 20(1)(a) of the Order provides that if there are more contesting candidates than one in respect of any constituency, the Returning Officer shall allocate, subject to any direction of the Commission one of the prescribed symbols to each contesting candidate and in so doing shall, so far as possible, have regard for any preference indicated by the candidate. Jatiya Party represented by Md. Moidul Islam, Joint Secretary General Vs Motassim Billah and others, 20 BLD (AD) 69. |
Jatiya Party represented by Md. Moidul Islam, Joint Secretary General Vs Motassim Billah and others, | 20 BLD (AD) 69 |
Article 25(2) |
Whether the polls in 7 Centres of Munshiganj-4 Constituency were at all interrupted or not and whether the same was for the reasons beyond the control of the Presiding Officers and that it could not resume during the polling hours could only be decided taking evidence before the Tribunal in the event of any application before the Election Tribunal by any party to the election. On being reported about the obstruction and interruption and that the poll has been stopped the Election Commission ordered for re-election in those centres as the entire election process has to be completed by the Election Commission in order to promote the cause of democracy. The disputed questions of fact that emerged in this leave petition is also beyond the scope and cannot be decided in this jurisdiction. There is no illegality in the impugned order or any arbitrary exercise of power which is malafide or that the memo was issued to circumvent the provision of law resulting in malice in law or want of jurisdiction resulting in coram non-judice as alleged by the petitioner but pursuant to memo dated 1-10-01, fresh poll was ordered in 7 centres including 3 centres under the provision of Article 25(2) of the Representation of the People's Order. Mohiuddin Ahmed (Md) vs Chief Election Commissioner and others 7 BLC (AD) 172. |
Mohiuddin Ahmed (Md) vs Chief Election Commissioner and others | 7 BLC (AD) 172 |
Article 31 (2)(d)(e) |
The Tribunal was justified in not excluding the ballot papers from counting which contained a part of the official seal, because the law has not demanded in a mandatory language the presence of a full seal on the ballot paper before its exclusion from count. Moulana Delwar Hossain Saydee Vs Sudhangshu Shekhor Holder and others, 20 BLD (AD) 11. |
Moulana Delwar Hossain Saydee Vs Sudhangshu Shekhor Holder and others, | 20 BLD (AD) 11 |
Article 31 and 36(4) |
Exclusion of ballot papers which do not beat official marks —
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Hossaiti Suijdee vs, S. S, Haider and others. | 5 MLR (2000) (AD) |
Article 31(1V) |
Article 31(1V) since amended by Act 23 of 1994-Pourashava Ordinance
1977-Section 20— Admisibllity of news item into evidence —
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Md. .... lmran Ali Vs. Chief Election Commissioner and others. | 1. MLR (AD) |
Article 36(4)(i)(iv) |
The ballot papers that are required to be excluded from the count are fully described in Article 36(4)(i)-(iv) of the Order. Neither the Tribunal nor the High Court Division has any jurisdiction to add any other extraneous requirement other than those contained in sub- clauses (i)-(iv) of clause (4) of Article 36. These sub-clauses do not require that a ballot paper is to be excluded from the count if it does not contain the Code number or the signature or initial of the Assistant Presiding Officer. The High Court Division acted without jurisdiction in excluding the ballot papers of both the appellant and the election-petitioner containing the aforesaid omissions. Further, from the election petition it does not appear that the election-petitioner made any allegation as to the illegal counting of votes by the Presiding Officer of Char Baleswar polling centre. Moulana Delwar Hossain •Saydee Vs Sudhangshu Shekhor Halder and others, 20 BLD(AD) 11 |
Moulana Delwar Hossain Saydee Vs Sudhangshu Shekhor Halder and others | 20 BLD (AD) 11 |
Article 49(4) |
Security deposit of an Election Petition is a mandatory precondition
without which such petition is not maintainable—
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Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others | 11 MLR (AD) 26 |
Article 49 (2) |
Assistant Presiding officer performing duties in a polling centre by
impersonation for sometime without any overt act for any candidate—
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Delwar Hossain Saydee (Moulana) Vs. S. S. Haider and others. | 5 MLR (AD) 150 |
Articles 49(4) and 51 |
The words that the petitioner shall deposit, as contained in Article 49(4) of the Representation of the People Order, 1972 do not mean that the petitioner shall, in person, have to deposit and not by anyone else on his behalf and, if so, the Election Petition shall not be registered. Thus, the presenting of the Election Petition with deposit of Taka two thousand is a must and it is mandatory but the mode of depositing the same by the petitioner alone is not mandatory, rather it is directory. Giasuddin Quader Choivdhury. vs ABM Fazle Karim Chowdhury and others 9 BLC (AD) 10. |
Giasuddin Quader Choivdhury. vs ABM Fazle Karim Chowdhury and others | 9 BLC (AD) 10 |
Articles 49 & 65 |
In the facts of the instant case the question which needs to be answered is whether or not the appellant had any other avenue open to him to redress his perceived grievance; more precisely, whether he could have availed the Election Tribunal forum. The Election Tribunal has jurisdiction to hear all election matters so long as the applicant qualifies under provisions of the Representation of the People Order, 1972 (R.P.O. 1972) It has been held by this Division that the election process starts from the notification issued by the competent authority declaring the election schedule and culminates in the declaration of result of the election by a gazette notification. We are of the view that the appellant has remedy under the R.P.O. 1972. which would be available to him after the election takes place. Hence, Appellate Division does not find any illegality or infirmity in the impugned judgment and order of the High Court Division, and accordingly, the appeal is dismissed, without however, any order as to costs. .....Bangobir Kader Siddiqui =VS= Chief Election Commissioner, (Civil), 2017 (2)– [3 LM (AD) 169] ....View Full Judgment |
Bangobir Kader Siddiqui =VS= Chief Election Commissioner | 3 LM (AD) 169 |
Article 49(1) with Section 2(ii) |
The most significant thing is that for the purpose of filing an election petition under article 49(1) of the RPO only the phraseology “candidate” has been used. In other words, a proposed “candidate” has been given the locus standi to file an application raising an election dispute. Admittedly the candidature of the election-petitioner was rejected by the Election Commission on the ground of being a defaulter, he is surely a person who was proposed as a candidate for election as a member of the Parliament of the Constituency in question. But the High Court Division failed to comprehend the proper meaning of “candidate” given in section 2(ii) of the RPO vis-à-vis article 49(1) thereof in observing that “the petitioner being a candidate of the 10th National Parliamentary Election did not act rather he was an intending candidate and wanted to become a candidate.” And we hold that the petitioner being a proposed “candidate” for election as a Member of the Parliament for the Constituency in question, he had every locus standi to file the election petitions and those were maintainable in law. .....Major Gen. Abdus Salam (Rtd) =VS= Bangladesh Election Commission & another, (Civil), 2016-[1 LM (AD) 192] ....View Full Judgment |
Major Gen. Abdus Salam (Rtd) =VS= Bangladesh Election Commission & another | 1 LM (AD) 192 |
Article 49(1) |
The most significant thing is that for the purpose of filing an election petition under article 49(1) of the RPO only the phraseology “candidate” has been used. In other words, a proposed “candidate” has been given the locus standi to file an application raising an election dispute. Admittedly the candidature of the election-petitioner was rejected by the Election Commission on the ground of being a defaulter, he is surely a person who was proposed as a candidate for election as a member of the Parliament of the Constituency in question. But the High Court Division failed to comprehend the proper meaning of “candidate” given in section 2(ii) of the RPO vis-à-vis article 49(1) thereof in observing that “the petitioner being a candidate of the 10th National Parliamentary Election did not act rather he was an intending candidate and wanted to become a candidate.” And we hold that the petitioner being a proposed “candidate” for election as a Member of the Parliament for the Constituency in question, he had every locus standi to file the election petitions and those were maintainable in law. …Maj. Gen. Abdus Salam (Rtd) Vs. Election Commission & anr, (Civil), 2 SCOB [2015] AD 5 ....View Full Judgment |
Maj. Gen. Abdus Salam (Rtd) Vs. Election Commission & anr | 2 SCOB [2015] AD 5 |
Article 50 and 58(a) |
Article 50 of the Order mentions the parties who are to be impleaded in an election petition but it does not prohibit impleading of parties who may be considered by the election petitioner as proper parties. When all the necessary parties have been impleaded in the election petition, the joining of the Returning Officer and the Assistant Returning Officers cannot by itself be a ground for dismissal of the election petition under Article 58(a) of the Order. Advocate Mohammad Abdul Hamid Vs. Md. Fazlur Rahman, 18 BLD (AD) 96. |
Advocate Mohammad Abdul Hamid Vs. Md. Fazlur Rahman, | 18 BLD (AD) 96 |
Article 50 |
Article 50—Necessary parties to Election Petition-
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Advocate Mohammad Abdul Hamid Vs. Md Fazlur Rahman. | 3 MLR (1998) (AD) |
Article 62(3) |
Appeal- Code of Civil Procedure, 1908— Order 41 Rule 14(3)— Dispensing
with service of notices upon non-contesting parties in appeal—
Applicability of—
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Delwar Hossain Saydee (Moulana) Vs. Sudhangsha Shekhar Haider and others | 4 MLR (AD) 252 |
Article 63(1) (b), (c) & 12(1) (n) |
Defaulted in paying Telephone bill–
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Abul Kashem(Md.) =VS= Mahmudul Hasan | 4 LM (AD) 15 |
Article 64, 65(1) and 66(1) |
Articles 64, 65(1) and 66 (I) of the RPO are to be considered independently. If Article 64 of the RPO is not given effect to for the disputes mentioned in Article 63(1) of RPO, the Article 64 becomes redundant. Abul Kashem vs Major General Mahmudul Hasan (Rtd.) 17 BLC (AD) 160. |
Abul Kashem vs Major General Mahmudul Hasan (Rtd.) | 17 BLC (AD) 160 |
Article 66(1) |
When there is equality of votes between two or more contesting candidates and that the addition of one vote for one such candidate would entitle him to be elected, the High Court Division shall so inform the Commission in such a case and then the Election Commission shall after expiry of the period specified for filing appeal before this Division direct a fresh poll in respect of the said candidates. Abul Kashem vs Major General ..... Hasan (Rtd.) 17 BLC (AD) 160. |
Abul Kashem vs Major General ..... Hasan (Rtd.) | 17 BLC (AD) 160 |
Dispute as to age of candidate— |
Dispute as to age of candidate—
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Md. Mahmuduf Hoque Vs. Md. Hedayetullah & otliers. | 1 MLR (AD) 234 |