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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
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Election Commission Bangladesh & anr. Vs. Noruzzaman & ors. |
11 SCOB [2019] AD 1 |
Chairman election matter–
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Chairman election matter–
No complaint was made by the petitioner or anyone else during polling hours
and there was delay of seven days in lodging any complaint, we do not find
any merit in this petition. We take 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. Facts and circumstances discussed above, we do
not find any illegality or impropriety in the decision of the High Court
Division to discharge the Rule Nisi. The civil petition for leave to appeal
is dismissed. .....Syed Shariful Islam =VS= Md. Toufiqul Islam Toufiq,
(Civil), 2018 (2) [5 LM (AD) 354]
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Syed Shariful Islam =VS= Md. Toufiqul Islam Toufiq |
5 LM (AD) 354 |