The Appellate Division has ruled that there is no legal obstacle to holding the elections in Pabna-1 and Pabna-2 constituencies on February 12 in accordance with the boundaries set out in the gazette issued by the Election Commission following boundary redemarcation on September 4.
As a result, Santhia upazila will be considered part of the Pabna-1 constituency, while Sujanagar and Bera upazilas together will constitute the Pabna-2 constituency.
The order was issued by the country’s highest court after staying a High Court verdict that had declared the Election Commission (EC) gazette illegal, transferring four unions and the municipality of Bera upazila from the Pabna-1 constituency to Pabna-2.
The order was passed on Thursday by the Appellate Division led by Chief Justice Zubayer Rahman Chowdhury.
Appearing for the Election Commission were Acting Attorney General Arshadur Rauf and Additional Attorney General Anik R Haq. Barrister Imran Abdullah Siddiqui represented the Jamaat candidate, while Barrister HM Sanzid Siddiqui appeared for the BNP candidate.
Earlier, on January 14, a date was fixed for the hearing of a leave to appeal petition challenging the High Court verdict that had declared illegal the EC gazette transferring four unions and the municipality of Bera upazila from Pabna-1 to Pabna-2.
On January 13, an application was filed with the Appellate Division challenging the Election Commission’s decision to suspend election activities in the Pabna-1 and Pabna-2 constituencies. The petition sought directions to hold the elections in the two constituencies on time and to resume electoral activities.
The application was filed by Barrister Najibur Rahman Momen, the Jamaat-e-Islami candidate in the Pabna-1 constituency.
Following an Appellate Division order related to constituency boundaries in the 13th National Parliamentary Election, the Election Commission decided to suspend elections in the Pabna-1 and Pabna-2 constituencies. The EC said the elections in these two seats would remain suspended until further instructions.
Earlier, on January 5, the Appellate Division stayed the gazette issued on December 24 that redemarcated the boundaries of the Pabna-1 and Pabna-2 parliamentary constituencies. The stay was to remain in force until the hearing of the leave to appeal against the relevant High Court verdict was concluded.
This order was also passed by the Appellate Division led by Chief Justice Zubayer Rahman Chowdhury.
According to the December 24 gazette, the boundaries of the Pabna-1 constituency (electoral area 68) included Santhia upazila and Bera municipality along with Haturia Nakalia, Natun Bharenga, Chakla, and Kaitola unions of Bera upazila. The Pabna-2 constituency (electoral area 69) included Sujanagar upazila and the remaining parts of Bera upazila, excluding the said municipality and four unions. The operation of this gazette was later stayed.
