The Appellate Division on Monday ruled that Abdul Muhit Talukdar and Sarkar Badal cannot contest the election from Bogra 3 and Bogra 7 respectively for not stepping down from the chairman post
The BNP might not have any candidates left in Bogra 3 and 7 constituencies for contesting the 11th parliamentary elections, as those nominated candidates are still holding positions as upazila chairman.
These circumstances have left the BNP candidates and their supporters in despair. Both Abdul Muhit Talukdar and Sarkar Badal have told the Dhaka Tribune they will continue the legal battle with hopes for restoring their candidature.
Meanwhile, Bogra Returning Officer and Deputy Commission Foyez Ahmed said he is yet to receive any directives from the apex court, and proper action will be taken once the directives arrive.
The Appellate Division on Monday ruled that Abdul Muhit Talukdar and Sarkar Badal cannot contest the election from Bogra 3 and Bogra 7 respectively for not stepping down from the chairman post.
The Appellate Division bench, led by Chief Justice Syed Mahmud Hossain, passed the orders after hearing separate petitions.
Earlier, Bogra candidates Muhit Talukder and Sarkar Badal moved the High Court and managed to secure a stay order on the commission’s decision to scrap their nomination. But the chamber judge froze the order, which was later upheld by the top court.
Advocate AJ Mohammad Ali and Prabir Niyogi stood for the BNP candidates while Attorney General Mahbubey Alam and Advocate Obaidur Rahman Mostafa represented the Election Commission.
Lawyers have confirmed that these two BNP candidates have been effectively barred for contesting the next general polls.
Giving his reaction, Jatiya Party leader and incumbent lawmaker for Bogra 3 Nurul Islam Talukder said: “I saw a news report on Muhit Talukdar’s nomination being cancelled on a television. Lack of a BNP candidate will certainly increase my chances of winning the polls.”
On the other hand, A High Court bench, comprised of Justices JBM Hassan and Justice Md Khairul Alam, stayed for three months the Election Commission's decision that allowed BNP nominee Morshed Milton to contest the election from Bogra 7 on Monday.
According to the Local Government (Union Parishads) Ordinance, 1983, a chairman may resign his office by notice in writing under his hand addressed to the government or such other authority as the government, may direct.
The ordinance also states that a resignation under this section shall become effective, and the office concerned shall become vacant, on the date on which the notice of resignation is received by the addressee.
However, Morshed Milton’s resignation letter has not yet been accepted by the ministry concerned, thereby disqualifying him as a candidate.