The Appellate Division of the Supreme Court on Thursday dismissed the petition challenging the validity of the gazette declaring the parliamentary seat of Mohammad Shahid Islam Papul in Lakshmipur 2 constituency vacant and the by-election schedule.
A virtual Appellate Division bench led by Chief Justice Syed Mahmud Hossain passed the order, declaring that there is no obstacle for the by-election to be held on June 21 to Lakshmipur 2 constituency.
As the High Court directly rejected the writ petition on June 8, Papul’s sister Nurunnahar Begum and Shahadat Hossain, proposer of his nomination papers, appealed to the Appellate Division.
The Supreme Court dismissed the petition on Thursday after the hearing.
The High Court on June 14 dismissed a writ petition filed by former MP of Lakshmipur 2 constituency and BNP leader Abul Khair Bhuiyan seeking postponement of the by-poll scheduled for June 21.
The Appellate Division on Thursday issued a “no-order” against his appeal against the order.
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Senior lawyer Barrister Rokon Uddin Mahmud stood on behalf of Papul’s sister and proposer, while Barrister AM Mahbub Uddin Khokon moved the plea of Abul Khair Bhuiyan.
Attorney General AM Amin Uddin represented the state.
Papul became an independent member of parliament in the December 30, 2018 elections.
A Kuwaiti criminal court on January 28 convicted him in a bribery case. The judge sentenced him to four years’ rigorous imprisonment and fined 1.9 million Kuwaiti dinars or Tk53,19,62,000.
The seat was declared vacant as per Article 67 (1) (D) of the constitution, as Papul was no longer eligible for the post as per the article 66 (2) (D) after being convicted. And so, the schedule for the by-election was announced.
Papul’s sister Nurunnahar Begum and Shahadat Hossain filed a writ petition with the High Court challenging the declaration of the seat as vacant and the validity of the by-election schedule to the seat.