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Election Tribunal– Election matter dispute–
The Election Appellate Tribunals and Election Tribunals are not Court and
they specially constituted as Tribunals for adjudication of the election
disputes by an special statute, namely, the Local Government (Pourashava)
Ain, 2009.
The Tribunals are meant to deal with only specific class of cases. They do
not and cannot exercise powers vested in a civil court for decision of
civil disputes in general within the meaning of section 9 of the Code of
Civil Procedure. Such Tribunals cannot therefore be termed as Civil Courts
within the meaning of sections 3, 9 and 115 of the Code.
Since the Election Appellate Tribunal is not a court, we are of the view
that the High Court Division committed error of law in entertaining the
revisional applications exercising its revisional, jurisdiction under
section 115(1) of the Code of Civil Procedure. Both the petitions are
disposed of. The judgment and order of the High Court Division are hereby
set aside. …Rabiul Islam (Md) =VS= Asadul Haque (Md), (Civil), 2019 (2)
[7 LM (AD) 363] ....View Full Judgment
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