HC declares EC decision ‘illegal’, restores four Bagerhat constituencies

The development follows multiple protests in Bagerhat rejecting the Election Commission's move

The High Court has declared illegal the gazette notification issued by the Election Commission (EC) that reduced Bagerhat's four parliamentary seats to three.

A bench of Justice Sashanka Shekhar Sarkar and Justice Faysal Hasan Arif directed that the previous four seats be reinstated.

The court delivered the verdict on Monday, upholding a prior order on the matter.

Lawyer Shaikh Mohammad Zakir Hossain argued on behalf of the writ petitions during the hearing.

Leading up to the 13th parliamentary election, the EC first proposed cutting Bagerhat's four seats to three on Jul 30. Several political parties rejected the proposal and held multiple programmes, including strikes and blockades. The commission also held a hearing on the demand to retain the four seats.

However, the EC remained firm in its decision. On Sept 4, the final gazette notification was issued, reducing Bagerhat to three seats instead of four.

According to that gazette, Bagerhat-1 comprised Bagerhat Sadar, Chitalmari, and Mollahat; Bagerhat-2 included Fakirhat, Rampal, and Mongla; and Bagerhat-3 consisted of Kachua, Morrelganj, and Sarankhola.

Previously, Bagerhat-1 consisted of Chitalmari, Mollahat, and Fakirhat; Bagerhat-2 of Bagerhat Sadar and Kachua; Bagerhat-3 of Rampal and Mongla; and Bagerhat-4 of Morrelganj and Sarankhola.

Challenging the EC's gazette, two separate writ petitions were filed earlier in the High Court, requesting the reinstatement of Bagerhat's four parliamentary seats.

The two petitions were filed by the Bagerhat Press Club, District Bar Association, District BNP, District Jamaat-e-Islami, District Islami Andolan Bangladesh and the District Truck Owners' Association.

The pleas named the government, the chief election commissioner, the EC secretary and the attorney general as respondents.

Following the initial hearing on Sept 16, the High Court issued a rule asking why directives should not be given to maintain four constituencies in Bagerhat and why the EC’s gazette reducing them to three should not be declared illegal.

The EC and other relevant parties were asked to respond.