The 672 voters of Uttar Kistakathi have been included in the voters’ list of Ward No. 7 of Jhalakathi Pourashava, and Pourashava and Upazila elections have been held in the meantime with the voters’ list drawn up in accordance with the order of Appellate Division and as such Appellate Division does not finds any illegality or infirmity in the impugned judgement and order of the High Court Division.
The Appellate Division considered its earlier order dated 15.03.2011, it appears that there was no direction to include the said 672 voters in the voters’ list of Ponabalia Union and the option was given to include those voters in the voters’ list of Jhalokathi Pourashava. For ease of reference, Appellate Division may quote a portion of Appellate Division earlier order as follows: “However, we would like to add that if the Ministry of Local Government, Rural Development and Co-operatives, the respondent No. 2, can publish gazette notification in accordance with Pourashava Election Rules including Uttar Kistakathi within the Jhalokathi Pourashava in the intervening period of publication of gazette notification declaring election schedule as per direction of the High Court Division, there would be no bar to hold election as per voter list published including those 672 voters of Uttar Kistakathi.” This option was followed by the authority concerned and in due course the said 672 voters of Uttar Kistakathi have been included in the voters’ list of Ward No. 7 of Jhalakathi Pourashava, and Pourashava and Upazila elections have been held in the meantime with the voters’ list drawn up in accordance with the order of Appellate Division and as such Appellate Division does not finds any illegality or infirmity in the impugned judgement and order of the High Court Division.
Abdul Jalil Khan and others -Vs.- Bangladesh and others (Civil) 13 ALR (AD) 4-8