SC stays EC activities for Tangail-4 by-election

The Appellate Division on Tuesday stayed the activities of Election Commission relating to the by-election in Tangail-4 constituency of Parliament until November 2.
It posted a full court hearing of EC’s appeal for November 2.
Justice Syed Mahmud Hossain, the apex court’s  vacation chamber judge gave the order as the EC in a provision leave petition prayed for staying a  High Court order that had directed EC to accept Kader Siddique’s nomination to contest the by-election.
The hearing over, attorney general Mahbubey Alam told reporters that the by-election could not be held until the apex court gives the decision whether or not Kader Siddique was a loan defaulter.
In the hearing, Kader Siddique’s lawyer AJ Mohammad Ali’s submitted it was far from clear why and how the attorney general could appear for the EC against Kader Siddique.
The returning officer cancelled Kader Siddique’s nomination citing the ground that over Tk 10 crore borrowed from the Tangail branch of Agrani Bank was not repaid by Sonar Bangla Prokowshalik Sangstha jointly owned by him and his wife.
On October 18, the EC upheld the returning officer’s decision.
On October 21, the HC stayed the EC’s decision and directed it to explain in four weeks why the cancellation of Kader Siddique’s nomination would not be declared illegal.
On October 22, the EC allotted the election symbol to Kader Siddique following the HC order.
On the same day, the EC gave the election symbols to the other contestants.
The HC gave the order after hearing Kader Siddique’s writ petition challenging the legality of the EC’s decision though Bangladesh Bank on September 8 had waived the interest on the loan and rescheduled the repayment allowing him to repay the credit in 10 years.
In his arguments, AJ Mohammad Ali submitted in the HC that the EC illegally cancelled his client’s nomination even after the loan  was rescheduled and Agrani Bank declassified the credit with approval from the central bank.
The attorney general submitted that waiving the interest rescheduling the repayment did not mean Kader was not a loan defaulter.
On October 11 Kader Siddique filed nomination to contest the by-election after the seat fell vacant as his elder sibling    Abdul Latif Siddique of ruling Awami League resigned as MP.
The by-election is set for November 10.

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