The High Court did not consult the Election Commission before staying the Gazipur City Corporation election on Sunday, Election Commissioner Kabita Khanam said.
“We did not know anything about this before. The court did not notify us about the hearing or consult us about staying the election in Gazipur,” she told reporters at the Election Commission Secretariat on Monday.
“We did not know that a writ had been filed challenging the election. We learnt about it from the media,” she said when the reporters referenced the constitution and asked whether the court had contacted the Election Commission in this regard.
According to Section 125 (C) of the constitution, a court cannot pass any order or direction, ad interim or otherwise, in relation to an election for which the schedule has been announced, unless the Election Commission has been given reasonable notice and an opportunity of being heard.
The schedule for Gazipur City Corporation election, to be held on May 15, had been announced on March 31.
The High Court stayed the polls for three months on Sunday in response to a writ petition filed with the court citing complications regarding electoral boundaries.
However, Kabita said the Election Commission had already directed the local returning officer to stop all election activities in Gazipur.
“We went ahead and stopped all preparations for the election to respect the court order,” she added.
Asked if the Election Commission will notify the attorney general or the law minister about the issue, Kabita said that decision would be taken at the commission’s meeting.
Asked about the confusion that the court order is likely to generate among the voters when the election schedule has already been announced, she said the Election Commission took clearance from the local government authorities twice before declaring the schedule.
“They [the Gazipur local government authorities] told us there were no problems. They gave us the clearance to conduct the election,” she added.
She further said it was not possible to predict if the Khulna city polls would be cancelled too.
Asked if the commission will move against the court order, Kabita said: “We have not received any official letter yet. A decision will be made in a meeting after we receive the order in writing.”


