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Sylhet-3 by-election postponed

  • Staff Correspondent
  • 27 July, 2021 12:00 AM
  • Print news

The High Court has suspended the by-poll of Sylhet-3 constituency till August 5 due to the strict restrictions imposed following the worsening corona situation in the country.

The HC bench of Justice M Enayetur Rahim passed the order following a writ petition seeking its directive on the Election Commission to postpone the by-election considering the ongoing surge of corona infection in the country.

The petition was filed with the High Court on Monday, a day after a legal notice was sent to Chief Election Commissioner KM Nurul Huda requesting the suspension of the poll.

The bench said this court will make further decision about holding the by-election after August 5 on hearing the petition in details and observing the circumstances.   Justice M Enayetur Rahim asked Attorney General AM Amin Uddin to communicate the stay order to the EC.

EC Secretary Humayun Kabir Khandaker said they have received an order from the court that the Sylhet-3 by-poll will be suspended until August 5.

The Election Commission had already delayed the by-poll several times before it set July 28 as the date for the election. The poll will now be delayed further.

The Sylhet-3 constituency fell vacant after parliamentarian Mahmud Us Samad Chowdhury died of coronavirus on March 11.

Earlier, six lawyers of the Supreme Court and seven voters of Sylhet-3 constituency collectively submitted the petition to the HC saying that holding the by-election on July 28 is contradictory to the ongoing lockdown.

In the petition, they said there is no constitutional obligation for the Election Commission to hold the by-poll to Sylhet-3 on July 28.

The article says, “An election to fill the seat of a member of Parliament which falls vacant otherwise than by reason of the dissolution of Parliament shall be held within ninety days of the occurrence of the vacancy.”

“Provided that in a case where, in the opinion of the Chief Election Commissioner, it is not possible, for reasons of an act of God, to hold such election within the period specified in this clause, such election shall be held within ninety days following next after the last day of such period,” the article states.

Habibur Rahman Habib of Ruling Awami League, Mohammad Atiqur Rahman of Jatiya Party, Junayed Mohammad Miah of Bangladesh Congress and Shafi Ahmed Chowdhury, a BNP rebel candidate, will contest the by-poll.