High Court upholds electoral rule requiring alliance candidates to use own party symbols

The move follows a petition challenging the legality of the amended electoral rule

The High Court has kept the amended provision of the Representation of the People Order in place, requiring candidates in electoral alliances to contest with their own party symbols.

The bench of Justice Fatema Najib and Justice Fatema Anwar turned down the writ petition on Thursday, rejecting the challenge brought against the validity of the provision.

The interim government added the rule on Nov 3 through an amendment to the RPO.

Mominul Amin, secretary general of the National Democratic Movement, filed the petition on Nov 30, questioning the legality of Article 9 of the amendment.

Senior lawyers Ahsanul Karim and Rashna Imam argued for the petitioner, with Deputy Attorney General (DAG) Akhtar Hossain Md Abdul Wahab representing the state and Kamal Hossain Miaji appearing for the Election Commission.

The court issued a rule on Dec 1 after the initial hearing, asking why Article 9 should not be declared unconstitutional for conflicting with Articles 28, 38 and 39 of the Constitution.

After the final hearing on Thursday, the bench discharged the rule.

DAG Akhter said the rule’s discharge meant the petition had been rejected and the amended Article 9 remained in force, requiring alliance partners to use their own symbols in the election.

Lawyer Rashna told bdnews24.com, “The court did not explain the grounds for discharging the rule. We will review the full judgment once issued and then seek leave to appeal.