Rules 90 and 91
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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
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Syed Shariful Islam -Vs.- Md. Toufiqul Islam Toufiq and others |
14 ALR (AD) 54 |
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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Deloar Hossain(Md.) =VS= Election Commission |
5 LM (AD) 169 |
Rule 92(1)
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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
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Election Commission, Bangladesh =VS= Noruzzaman Sarker |
6 LM (AD) 98 |
|
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
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Election Commission Bangladesh & anr. Vs. Noruzzaman & ors. |
11 SCOB [2019] AD 1 |