The Appellate Division of the Supreme Court on Tuesday upheld a High Court ruling saying that the Election Commission has no jurisdiction for declaring reelection after announcing a result of an election.
A three-member bench of the Appellate Division headed by Justice Md Nuruzzaman delivered the verdict after hearing an appeal petition filed in this regard.
Lawyer Khurshid Alam Khan appeared in the court hearing on behalf of writ petitioner Sadekul Islam.
Later Mr Khurshid Alam Khan said, “Election of Durgapur Union Parishad in Durgapur Upazila under Netrokona district held on November 28 in 2021. However, allegations of irregularities arose after the announcement of the result of Menki Government Primary School in the union. As a result, the Election Commission decided to hold fresh elections in that Union Parishad.”
In this circumstance, one Sadekul Islam filed a writ petition with the High Court challenging the decision of the Election Commission. The High Court upon hearing the petition on February 7 this year said that the Election Commission has no jurisdiction for declaring reelection after announcing the result of an election.
Challenging the High Court ruling the Election Commission filed an appeal petition with the Appellate Division. Upon hearing the petition the apex court upheld the High Court ruling and dismissed the petition filed by the Election Commission.
Khurhid Alam Khan further said, “If anyone is aggrieved by the results declared by the Election Commission, he has to go to the Election Tribunal for remedy. But the Election Commission has no jurisdiction to declare any reelection.”