Local Government (Union Parishad) Election Rules, 2010
Rule 90, 53(1)
Local Government (Union Parishad) Ain, 2009
Section 22(1)
In the instant cases facts are not of such type that justify the invocation of the power of the EC under Rule 90 of Rules, 2010 to cancel the election because, firstly, the complaints by the defeated candidates were made on the following day of election and secondly, the election was held without any interruption and disturbance. It is admitted that the election result in form-da and the consolidated election result were sent to the EC. The rest of the matters are disputed question of facts which are essentially matters to be decided by the Election Tribunal exercising judicial authority, not by the EC in exercise of its plenary and supervisory authority which is administrative in nature. To decide otherwise would amount to giving the scheme of the law a ‘go-bye’. Under Section 22(1) of the Ain, 2009 read with Rule 53(1) of the Rules, 2010 a candidate can raise question or objection in the matter before the Election Tribunal by presenting election petition. ...Md. Shakhawat Hossain & ors Vs. Election Commission and ors, (Civil), 18 SCOB [2023] HCD 236 ....View Full Judgment

স্থানীয় সরকার (ইউনিয়ন পরিষদ) নির্বাচন বিধিমালা, ২০১০ (as amended in 2016)
Rule 12
Section 26(2) & (3) of the স্থানীয় সরকার (ইউনিয়ন পরিষদ) আইন, ২০০৯
Affidavit and declaration in the local government elections:
It is, however, the mandate of law that while submitting nomination paper for contesting Paurashava election, Upazilla Parishad election, City Corporation election and Parliamentary election the candidate is required to submit affidavit ‘হলফনামা’ in a prescribed from along with the nomination paper containing detail information on his/her educational qualification, his/her implication in any criminal case, if there be any, occupation, source of income, description of property owned by him/her, including family members and loan liability, if there be any, with declaration that all information of the respective documents so provided are correct and true to the best of his knowledge. Conversely, in Union Parishad election the candidate is relieved from making such disclosure. The only requirement is that vide Rule 12 of the “স্থানীয় সরকার (ইউনিয়ন পরিষদ) নির্বাচন বিধিমালা, ২০১০” (as amended in 2016) the candidate is to give certificate “প্রত্যায়নপত্র”although vide Section 26(3) of the Ain, 2009 the candidate is required to submit an affidavit ‘হলফনামা’ along with the nomination paper declaring that he is not disqualified vide Section 26(2) to contest the respective election. ...Mohammed Faruk ul Azam Vs. The Election Commission, (Civil), 17 SCOB [2023] HCD 1 ....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

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] ....View Full Judgment