Chief Justice Syed Mahmud Hossain sent Khaleda Zia’s election case back to a High Court panel for further clarification after two judges on Tuesday issued a split verdict on her nominations.
The views of the two judges were not laid down clearly in the case file, which prompted the chief justice to send the file back to the original bench for clarification, Supreme Court officials said on Wednesday.
High Court judges were divided over whether Khaleda, who is currently serving time in prison over graft, would be able to contest the December 30 election.
Justice Syed Refaat Ahmed and Justice Md Iqbal Kabir had earlier heard petitions challenging the Election Commission’s decision to scrap the BNP chief’s nominations for three parliamentary races, according to a bdnews24 report.
On Tuesday, the bench issued a ‘divided’ order on the petition. Justice Syed Refaat Ahmed issued a rule with a directive to the Election Commission to accept Khaleda’s nomination. The judge also asked why the decision of rejecting Khaleda’s nomination will not be declared illegal.
Justice Iqbal Kabir, on the other hand, expressed his disagreement, blocking Khaleda from contesting the election.
The matter then shifted to the chief justice for the final decision.
The BNP had selected Khaleda as its nominee for the Feni-1 and the Bogura-6 and Bogura-7 seats. BNP leaders had submitted the necessary applications on her behalf.
The returning officers then rejected her nominations on December 2, citing her jail sentences. Khaleda appealed the decision with the Election Commission, but her petition was rejected.
The BNP chairperson then took the matter to the High Court.