No complaint was made by the petitioner or anyone else during polling hours and there was delay of seven days in lodging any complaint, the Appellate Division does not find any merit in this petition.
The Appellate Division observed that at the time of issuance of the Rule Nisi, the High Court Division on 08.01.2017 directed the Election Commission to publish the name of the writ-petitioner as elected Chairman in the official Gazette. That direction having not been stayed by Appellate Division, the name of the writ-petitioner, Md. Toufiqul Islam Toufiq, was published in the official Gazette as the elected Chairman of Word No. 13 Kamardaho Union Parishad. Particularly in view of the fact that no complaint was made by the petitioner or anyone else during polling hours and there was delay of seven days in lodging any complaint, the Appellate Division does not find any merit in this petition. the Appellate Division takes support from the view expressed in the case of Altaf Hossain vs Abul Kashem and others, 45 DLR (AD) 53, where it was observed that where allegation is brought after the declaration of the result then it is always desirable that dispute, if any, should go to the Tribunal for determination.
Syed Shariful Islam -Vs.- Md. Toufiqul Islam Toufiq and others. (Civil) 14 ALR (AD) 54-56

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

The Local Government (Union Parishad) Rules 2010
Rule 92(1) r/w
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

The Local Government (Union Parishad) Act, 2009 and
the Local Government (Union Parishad) Rules 2010
Where the total number of votes cast in a centre exceeds either the total number of ballot papers issued to the centre or the total number of votes enrolled for that centre, or if during the counting of ballot papers a ballot box is found missing or it is snatched away or if the Presiding Officer makes glaringly contradictory reports as to the result of the counting of votes, without reasonable explanation, then the Election Commission need not wait for determination of the dispute by the Election Tribunal. But where no such thing has happened but allegation is brought after the declaration of the result then it is always desirable that dispute, if any, should go to the Tribunal for determination. …E C Bangladesh & anr. Vs. Noruzzaman & ors., (Civil), 11 SCOB [2019] AD 1 ....View Full Judgment