S.M. FAZLUL HAQUE MANIK Vs. MD. HABIBULLAH BAHER

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 07.02.2007 passed by the High Court Division in Writ Petition No.2343 of 2005 discharging the Rule.

(2.) The facts, in the background whereof writ petition filed, are that the respondent No.1 as the petitioner filed Election Dispute Case No. 01 of 2003 in the Court of Senior Assistant Judge, 3rd Court and ex-officio Election Tribunal, Gazipur for recounting the ballot papers. On 13.03.2005, the Election Tribunal allowed the application for recounting the ballot papers. The order dated 22.02.2004 reveals that the gunny bags containing the ballot papers were partly torn. The petitioner, therefore, contends that the impugned order allowing the application for recounting the ballot papers is illegal and cannot be sustained in law.

(3.) Challenging this order the petitioner moved the High Court Division under Article 102 of the Constitution of the People's Republic of Bangladesh and a Rule was issued upon the respondents to show cause as to why the impugned orders dated 01.03.2005 and 13.03.2005 passed by the learned Senior Assistant Judge, 3rd Court and ex officio Election Tribunal, Gazipur in election Dispute Case No.1 of 2003 and also the order dated 13.03.2005 for recounting the ballot papers as contained in Annexure-C to the writ petition should not be declared to be illegal and without jurisdiction and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.