The Supreme Court yesterday ordered to defer the Tangail 4 by-polls until January 31 next year, saying that the High Court’s ruling on Krishak Sramik Janata League President Abdul Kader Siddique’s nomination was to be resolved first.
On October 27, the Supreme Court chamber judge stayed the election until yesterday.
But a four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha ordered the deferral while disposing of a petition filed by the Election Commission (EC) challenging a High Court order that on October 21 asked the EC to accept Kader Siddique’s nomination.
The High Court, following a writ petition filed by Kader Siddique, also issued a ruling, and asked the EC and the government to explain why cancellation of his nomination on loan default charges would not be declared illegal.
The EC, chief election commissioner, Tangail’s returning officer and two others were asked to come up with an explanation regarding the matter.
“Now the Supreme Court has asked the High Court bench led by Justice Md Ashfaqul Islam to hear and dispose of the ruling by January 31. Until then, all procedures to hold the election will be stopped,” said Kader Siddique’s counsel AJ Mohammad Ali.
The parliamentary seat for Tangail 4 fell vacant on September 1 after sacked minister Abdul Latif Siddique, also the elder brother of Kader Siddique, resigned from the House.
On October 11, Kader Siddique and three leaders of his party submitted their nominations to contest the by-election slated for November 10.
But the EC on October 13 rejected the nominations of Kader Siddique and his wife Nasrin Siddique on loan default charges.
On October 18, a five-member panel headed by Chief Election Commissioner Kazi Rakibuddin Ahmad also dismissed the appeals the duo filed against the commission’s decision.
Kader Siddique then moved to the High Court on October 20 and the court asked the EC to accept his nomination. The court also stayed the cancellation of his nomination announced by the chief election commissioner and the returning officer.
Following the court order, the returning officer assigned Kader Siddique an election symbol on October 22.
But the EC filed a plea with Supreme Court’s chamber judge to stay the High Court order. The matter was forwarded to the Appellate Division, which heard it yesterday.