The Supreme Court (SC) has deferred to Thursday the hearing on the appeal petitions filed challenging the High Court order that stayed Gazipur City Corporation (GCC) election for three months.
The four-member bench of the appellate division led by Chief Justice Syed Mahmud Hossain on Wednesday took the decision following the request of the Election Commission as it will file another appeal petition challenging stay order on Gazipur city election.
The EC made a request to the Appellate Division on Wednesday morning to defer the hearing on the two petitions filed by two mayoral candidates--Hasan Uddin Sarkar of Awami League and Zahangir Alam of BNP -- over the stay order on GCC election till Thursday, said Advocate Obaidur Rahman Mostafa, a counsel of the EC.
He said, “We are going to file a petition with the Appellate Division challenging the stay order on Gazipur City Corporation polls today (Wednesday).”
Earlier on Tuesday, the Election Commission decided to appeal with the Appellate Division challenging the High Court order at a meeting chaired by Chief Election Commissioner KM Nurul Huda at Nirbhachan Bhaban in the city.
Awami League mayoral candidate Zahangir Alam filed a petition with the Appellate Division bench of the Supreme Court challenging the High Court order staying the Gazipur City Corporation (GCC) election for three months on Tuesday.
The chamber judge of the Appellate Division Justice Hasan Foyez Siddique sent the petitions to the full-bench of the appellate division after hearing on the two petitions.
Earlier on Monday, BNP mayoral candidate Hasan Uddin Sarkar filed a petition with the Appellate Division of the Supreme Court challenging the High Court order.
On May 6, the HC stayed the Gazipur City Corporation election, which was scheduled to be held on May 15, for three months.
It also issued a rule asking the government to explain as to why the inclusion of six moujas of Dhaka district into GCC should not be declared illegal.
The government on January 16, 2013 published a gazette incorporating six moujas of Shimulia union of Savar upazila (South Boroibari, Domna, Shibrampur, West Panishail, South Panishail and Domnag) under Gazipur City Corporation but according to law, GCC was formed with Gazipur and Tongi municipalities.
ABM Azharul Islam Suruj, Shimulia union parishad chairman of Savar, reports UNB, filed the writ on Sunday morning challenging the legality of the gazette as the Election Commission announced the election schedule incorporating six moujas of Dhaka district, which is illegal.
Chief Election Commissioner KM Nurul Huda announced the election schedule for Gazipur and Khulna city corporations on March 31.
