It is apparent that the power to adjourn poll by the Presiding Officer and to hold fresh poll by the EC under new Rule 37 is subject to specific and defined circumstances which was absent in old Rule 29. ...Md. Shakhawat Hossain & ors Vs. Election Commission and ors, (Civil), 18 SCOB [2023] HCD 236 ....View Full Judgment

The powers of the EC under Rule 90(Ka) and (Kha) were absent in the old Rule 70. The languages used in Rule 90 (Ka) “ভোটগ্রহনের দিন...ভোটগ্রহন বন্ধসহ” (to stop casting votes on the election day) and in Rule 90(Kha) “যে কোন ভোটকেন্দ্রের ভোটগ্রহন বন্ধ করিতে” (to stop casting vote in any centre) denote that this power to stop casting vote has to be exercised on the election day during the polling hours. This power to stop poll under Rule 90 (ka) and (kha) is in addition to that of under Rule 37. ...Md. Shakhawat Hossain & ors Vs. Election Commission and ors, (Civil), 18 SCOB [2023] HCD 236 ....View Full Judgment

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