Decided on April 23,1989

Nurul Islam (Md) Appellant
Election Commis­Sion Respondents


M.H.RAHMAN,J. - (1.) This appeal by special leave is directed against the judgment and order dated 16th August, 1988 of the High Court Division passed in Writ Petition No. 1120 of 1988. Respondent No. 10, Md. Helaluddin challenged the notice dated 9th April, 1988 (AnnexureC to the writ petition) directing a re-poll at Rajanagar Primary School Centre, Simulkandi Union Parishad, Upazila Bhairab.
(2.) After considering the report of the Presiding Officer and that of the Returning Officer which gave an appearance that the election was held peacefully the High Court Division set aside the order of Election Commission for re-poll. Respondent No.1 was also directed to publish the result of the election that was submitted by the Returning Officer.
(3.) The appellant contends that the High Court Division was misled by the alleged reports of the Presiding Officer and the Returning Officer. He reiterates what he had asserted before the High Court Division. His case is that the election could not be held in Rajanagar Primary School centre; that as there was serious obstructions and interruptions at the time of the election the Presiding Officer adjourned the poll under Rule 29 of the Election Rules and sent a report to the Returning Officer; that in due course that report of the Presiding Officer was sent to the Election Commission, and, thereafter, the direction for re-election was passed by the Election Commission. It is further contended by the appellant that as there were contradictory reports with regard to the disputed poll the High Court Division ought not to have interfered in the matter.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.