HC stays DNCC mayoral by-polls

The High Court on Wednesday stayed for three months all the activities in the Dhaka North City mayoral by-election scheduled for February 26.
The bench of Justice Naima Haider and Justice Zafar Ahmed also stayed the maiden election to the positions of councillors in 18 newly added wards and six female councillors from the reserved seats for women.
The bench passed the interim orders asking the Election Commission and the government to explain in four weeks the legality of election schedule announced on January 9.
The respondents include the chief election commissioner, local government and rural development ministry secretary, the Dhaka North City acting mayor.
The court passed the orders after hearing two writ petitions filed by Ataur Rahman and Md Jahangir Alam, respectively the incumbent chairmen of Bhatara and Beraid union parishads, which had been added to the city corporation. 
Md Jahangir Alam is also the general secretary of Bhatara unit of the ruling Awami League while Ataur Rahman is the general secretary of Beraid unit of the Bangladesh Nationalist Party.
Ataur’s lawyer Mustafizur Rahman Khan told New Age that the court stayed the elections and the issued ruling on the ground that what would be the status of the two incumbent union chairmen as public representatives if the elections to the mayoral and councillor positions were held. 
He quoted the court to have observed that what criteria the petitioners would follow if they wanted to contest the elections as the voters’ list were not finalised yet.
Mustafizur Rahman said that the court also observed that the election schedule did not clear what would be the tenure of the new councillors to be elected in the polls since the mayor would be elected for 180 days, the incomplete tenure of late mayor Annisul Huq.
The petitioners argued that the two unions were made wards and incorporated into the Dhaka North City Corporation without abolishing the union parishads or without vacating the office of the chairmen although the incumbent chairmen’s tenure would expire in 2020. 
They argued that the polls schedules were illegally announced before updating the electoral roll for Dhaka North City after the inclusion of 18 new wards.
They also argued that holding elections to the positions of councillor in the wards before abolishing the union parishads would also be illegal.
Election Commission’s lawyer Tawhidul Islam argued that there was no scope for any interference in the election process by the Supreme Court after announcement of the election schedule and referred various legal decisions.
As electoral roll update and delimitation of the electoral boundaries are continuous process, the court should not stop the election process on such grounds, he argued. 
Asked if the commission would appeal against the High Court order, Election Commission acting secretary Helaluddin Ahmed said at a briefing that the commission would make a decision after obtaining the copy of the order.
He said that the commission announced the election schedule and took necessary preparation for holding the elections as there was no legal complication in this regard. 
Returning officer Abul Kashem said that there was no problem in the electoral roll and the writ petitioners Ataur Rahman and Md Jahangir Alam were also enrolled as voters. 
Asked for a comment, AL-nominated mayoral aspirant Atiqul Islam told New Age that he had nothing to say about the court order.
‘From Tuesday, I am an Awami League activist. Now the party’s decision is my decision and I will follow the order of party president Sheikh Hasina,’ said Atiqul, also former president of Bangladesh Garment Manufacturers and Exporters Association.
Bangladesh Nationalist Party-nominated mayoral aspirant Tabith Awal, also its national executive committee member, said that he was still hopeful that a free, fair and participatory by-poll in the city would be held by the commission.
He requested the commission to solve all the legal issues immediately to prove its neutrality and sincerity. 
Democratic Left Alliance mayoral aspirant Zonayed Saki, also the Ganasanghati Andolan chief coordinator, said that the attorney general’s office and the commission should appeal against the High Court order immediately otherwise people would consider it as the reflection of the government interest. 

News Courtesy: www.newagebd.net