MUZAFFAR HOSSAIN Vs. MD. HUMAYUN KABIR
SUPREME COURT OF BANGLADESH
Md. Humayun Kabir
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MD.ISMAILUDDIN SARKER,J. -
(1.) This petition for leave to appeal is by one of the defeated candidates petitioner and other candidates of the Union went to for election to the Office of Chairman of No.10 Tamtu Union Parishad held on February 3, 1992 against the judgment and order dated November 14, 1994 passed by a Single Judge of the High Court Division in Civil Revision No.3037 of 1993 making the Rule absolute, after setting aside the judgment and order dated October 31, 1993 passed by the Election Appellate Tribunal and District Judge Chandpur in Election Tribunal Appeal No.6 of 1993 reversing the judgment and order of the Election Tribunal and Assistant Judge in Election Tribunal case No. 1 of 1993.
(2.) The petitioner filed the Election Tribunal Case No.8 of 1992 before the Election Tribunal and the First Court of Assistant Judge, Chandpur, challenging the result of election of respondent No.1 as Chairman of No.10 Tamtu Union Parishad under Police Station Shahrasti, District Chandpur, on the allegations, inter ailia, that the petitioner and respondent Nos. 1-6 contested for the Office of Chairman of the said Union Parishad held on February 3, 1992. There are three Wards of the said Union Parishad and there were in all 7 polling centres amongst which the petitioner alleged malpractice in two centres, namely, Waruk High School Centre under Ward No.2 and Dopolla Janata High School Centre under Ward No. 3. It is alleged by the petitioner in the election petition that in Waruk High School Centre which is the own Centre of respondent No.1, he took undue advantages in collusion with the Presiding Officer and his Staff of that Centre and managed to have cast several hundreds of votes of dead persons, persons living outside the country and different places out of the locality by way of forgery and false personation. As a result of which the petitioner got 651 votes while respondent No.1 got 1544 votes. Similarly, respondent No.1 adopted corrupt and illegal practices in Dopolla Janata High School Centre where the petitioners 100 valid votes were destroyed and this 100 valid votes were illegally and fundamentally added in favour of respondent No.1 in collusion with the Presiding Officer. On February 4, 1992 the Petitioner and other candidates of the Union went to the office of the Returning Officer to collect the result of the election. The petitioner came to learn that respondent No.1 was declared to be elected as Chairman of the said Union Parishad illegally. The petitioner further alleged that if the used and unused ballot papers and counter foils of the ballot books along with the officially used voters lists and other relevant papers in respect of the election of the said two Centres are called for and examined on recounting of the votes by the Tribunal it would be found that respondent No.1 in collusion with the Presiding Officer by corrupt and illegal practices managed to show more votes in his favour which materially affected the result of the election and he managed to get himself illegally elected as Chairman of the said Union Parishad against the petitioner. After the publication of the result of the election in the Official Gazette on March 11, 1992, the petitioner filed the aforesaid case praying for examining the ballot papers along with the connected papers and to recount the ballots of those two Centres and to declare the election of Chairman held on February 3, 1992 illegal and to direct re-election in those two Centres, after setting aside the election in those two Centres on the ground of corruption and malpractice.
(3.) Respondent No. 1 contested the election petition by filing a written objection denying all the material allegations made in the election petition and contending, inter alia, that the election was held in a peaceful manner, that there was no rigging as alleged by the petitioner and that after proper counting of votes he was duly declared as elected Chairman of the said Union Parishad. It has been further mentioned in the written objection that in Waruk High School Centre out of 4,476 votes 2.477 votes were cast wherein the petitioner secured 451 votes and respondent No.1 secured 1644 votes. At Dopolla Janata High School Centre out of 2048 only 1220 votes were cast out of which the petitioner secured 371 votes and respondent No.1 secured 528 votes.;
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