The New Nation - Internet Edition

Staff Reporter

The High Court yesterday issued a rule nisi asking the Election Commission (EC) and the Government to explain why the EC's decision to carry out delimitation of 133 parliamentary constituencies would not be declared illegal.

The rule nisi was issued by the High Court Bench comprising Justice Syed Mahmud Hossain and Justice Farid Ahmed in line with a writ petition filed by former BNP lawmaker Abdul Mannan of Dhaka-2 constituency challenging the validity of the delimitation of parliamentary seats.

The Chief Election Commissioner (CEC), two election commissioners, EC Secretary and Principal Secretary to the Chief Adviser have been asked to respond to the rule nisi within two weeks.

However, the court did not stay the process of delimitation.

Participating in the hearing on the writ petition filed on Sunday, Advocate Khandker

Mahbubuddin Ahmad told the court that as per law the delimitation of parliamentary constituencies would have to be carried out before preparation of the voter lists.

"The delimitation of the constituencies carried out by the EC was contrary to the Constitution since it has been carried out after completion of 80 per cent work of voter listing," he argued.

He said a census would be held after the Jatiya Sangsad election as per election law that would precede re-demarcation of parliament seats.

According to the Constitution, the EC's duty is to hold election within 90 days from the dissolution of Jatiya Sangsad, the lawyer agreed.

He said if the decision of delimitation were taken with short time in hand after dissolution of parliament, making objections and settling the contradictions would not be possible.

"It will also hamper the preparation for the election," he said.

Additional Attorney General Salauddin Ahmad told the court that the writ petition regarding the delimitation had been aimed at delaying the election since it was a decision of the EC.

Mahbubudddin ruled out the state lawyer's allegation.

"If the decision to delimit constituency were suspended, the election would not be delayed; rather the EC's decision on the delimitation will rather delay the polls," and asked that why did the EC not delimit the constituencies in the last six years.

Salauddin blamed the BNP government for non-delimitation while Mahbubudddin said it is the EC, not the Government that is responsible for delimitation.