Representation of the People Order, 1972 (RPO)
Article 90B, 90C, 90D, 90H(f), 94
রাজনৈতিক দল নিবন্ধন বিধিমালা, ২০০৮
বিধি ৬(ঘ), তফসিল ফরম-১(৬)
Constitution of Bangladesh, 1972
Articles 118(4), 119(1), 2A, 8, 9, 10 and 11
The RPO does not incorporate any provision to refuse registration to any political party for the role of its leaders during the war of liberation— On 12.05.2025, the appellants filed an application before this Court to set aside the resolution of the Supreme Court of Bangladesh in its Full Court meeting vide বিবিধ: আলোচ্যসূচি নং- ০১ dated 12.12.2016. By this resolution, it was decided not to let any person or institution or political party use its monogram, the 'weighing scale', as his/its symbol or electoral symbol. Pursuant to this resolution on 16.02.2017, the respondent No. 27, the Election Commission of Bangladesh, published a gazette notification deleting ‘দাড়িপাল্লা’ (Weighing Scale) from the list of electoral symbols specified for national elections. However, the appellants decided not to proceed with the said application in the instant Civil Appeal and filed another application dated 14.05.2025 to withdraw the earlier application.
Appellate Division is of the view that the High Court Division was not justified in making the Rule absolute. Accordingly, the judgment and order dated 01.08.2013 passed by the High Court Division by majority decision in Writ Petition No. 630 of 2009 is, hereby, set aside as it was not maintainable. The order of status quo ante is, hereby, restored. The respondent No. 27-Bangladesh Election Commission is, hereby, directed to dispose of any pending issue regarding the party constitution and registration of Bangladesh Jamaat-e-Islami together with other attendant issues and aspects, if any, in full exercise of its constitutional mandate. The Appeal is allowed by unanimous decision, and the Civil Petition for Leave to Appeal is, accordingly, disposed of. The separate application for withdrawal is allowed with no observations. .....Bangladesh Jamaat-e Islami =VS= Maulana Syed Rezaul Haque, (Civil), 2025(2) [19 LM (AD) 53] ....View Full Judgment