Dhaka, Sep 21 (bdnews24.com)—The Election Commission will sit on Wednesday to declare the Chandpur-1 constituency vacant, corresponding to the Supreme Court verdict.
The Apex court on July 15 upheld a High Court ruling that judged legal the EC's decision to cancel nomination papers of Awami League MP Alamgir in the 2008 national election.
Alamgir, however, can participate in the by-election as recently the High Court has acquitted him of the conviction.
Election commissioner Mohammad Sohul Hossain said they had officially received the verdict on Tuesday.
Hossain told reporters, "We have officially obtained the certified copy of the verdict today (Tuesday). We should have to declare the constituency vacant in line with the verdict. The commission will formally decide on the issue on Wednesday."
The speaker of the parliament would be informed of the declaration through the parliament secretariat after the declaration is gazetted, he added.
"As we now have the copy of the verdict, there are no legal barriers. By-election to the constituency will be held within 90 days after the vacancy announcement," Hossain confirmed.
Prior to the election, on Dec 3, 2008, the EC returning officer had rejected Alamgir's nomination papers as he had been sentenced to 13 years in jail in a corruption case.
His appeal application to the EC was turned down five days later, as was his writ petition to the High Court which was rejected on Dec 15, 2008.
However, Alamgir was able to take part in the elections, based on an order of the Appellate Division on Dec 18, 2008 which temporarily stayed the EC's refusal to accept the papers.
In the elections, Alamgir was elected from Chandpur-1 constituency polling 107,461 votes, defeating his nearest rival Ehsanul Haque Milan of the BNP who had received 80,872 votes.
Responding to a query on whether the closest candidate in that constituency would be declared winner, Probir Niyogi, a lawyer for the EC, had said that there was no question of Milan being declared a winner "as he did not file any case."
Subsequent to the national elections, the EC had declared one other constituency vacant - the Bhola-3 constituency which had been won by ruling AL MP Jashim Uddin.
bdnews24.com/mhc/adk/tk/1644h.
