SHAMSUL ARAFIN KHAN Vs. KAZAL MIAH
SUPREME COURT OF BANGLADESH
Shamsul Arafin Khan
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LATIFUR RAHMAN,J: -
(1.) This Appeal following leave by the appellant who was an election petitioner, calls in question the judgment and order passed by a Single Judge of the High Court Division in Civil Order No. 2474 of 1996 on 20-8-96 setting aside the order dated 30-6-96 passed by the Additional District Judge, First Court, Brahmanbaria in Election Tribunal Appeal No. 5 of 1993 dismissing the said appeal for default which arose from the judgment and order of Election Tribunal Case No. 13 of 1992 of the Court of Assistant Judge and Election Tribunal allowing the election petition on 31-5-93.
(2.) The short fact relevant for disposal of this appeal may be briefly narrated as follows:
(3.) Respondent No. 1 Kajal Miah was declared elected as the Chairman of Birgaon Union Parishad within PS Nabinagar, District Brahmanbaria in the election held on 26-2-92. The appellant who was a contesting candidate challenged the election by filing an election petition on 13-4-92 contending, inter alia, that the adjourned election held on 26-2-92 for Ward No. 1 at Amtali Primary School Centre has been vitiated by practicing fraud in the said election by the said elected Chairman. The appellant prayed for setting aside the election of that polling station and for holding fresh election. Respondent No. 1 contested the case by filing written objection and denied all the material allegations.;
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