SHAH ALAM PATWARI Vs. MD. SIDDIQUR RAHMAN BHUIYAN
SUPREME COURT OF BANGLADESH
Shah Alam Patwari
Md. Siddiqur Rahman Bhuiyan
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MD.ABDUR RASHID,J. -
(1.) This Rule was obtained upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 20-03-2001 passed by the Additional District Judge, 4th Court at Comilla in Election Appeal No.01 of 2000 affirming those dated 24-09-2000 passed by Senior Assistant Judge, Barura and the Election Tribunal at Comilla in Election Tribunal Case No. 01 of 1998.
(2.) This Rule arises out of an election of the Chairman of No.3 Uttar Khoshbash Union Parishad under PS Barura held on 1-12-97. In the election, AHM, Khaleque since deceased, was elected Chairman.
(3.) Opposite party No.1 Siddiqur Rahman Bhuiyan challenged the election of said AHM Khaleque by making an election petition before the above Election Tribunal on various grounds of illegal and corrupt practices. He also prayed for recount of the votes. In the election, five candidates including the revision-petitioner and the election-petitioner contested. Said AHM Khaleque opposed the election petition by filing a written objection. Similarly, this revision-petitioner who was opposite party No.3 in the election petition, also filed an objection. Pending hearing of the election petition, AHM Khaleque, the returned candidate died and his name was expunged from the election petition by an order dated 25-01-99. But ultimately, none of the opposite parties in the election petition contested the election petition and the Election Tribunal dismissed the same ex parte against all by its order dated 14-11-99. The prayer for recount was also rejected.;
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