Judicial Dictionary



Title Election Tribunal– Election matter dispute
Details

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