MAHMUDUL HAQUE (MD) Vs. MD. HEDAYETULLAH

JUDGEMENT

(1.) The appellant, an elected Member of Parliament, in a parliamentary by-election held on January 25, 1995, has preferred this appeal by leave against the judgment and order dated 19 January, 1995 passed in Writ Petition No. 47 of 1995 by a Division Bench of the High Court Division declaring that the acceptance of his nomination paper by the Returning Officer, respondent No. 4, as a candidate in that by-election was without lawful authority and is of no legal effect, as he was less than 25 years of age on the date of submission of the nomination paper on 1-1-95.

(2.) As per election schedule, notified on 12-12-94 by the Election Commission, the appellant along with respondent Nos. 1-3 filed nomination papers on January 1, 1995 to respondent No. 4, the Returning Officer.

(3.) On the following day at the time of scrutiny Respondent No.1 raised an objection(in writing before the Returning Officer alleging that the appellant did not then attain 25 years of his age as provided in Article 66(1) of the Constitution and as such he was not qualified for being a candidate in that election. The Returning Officer rejected the objection and accepted the appellants paper as a valid one.