The New Nation - Internet Edition

Staff Reporter

In a landmark judgment, the High Court yesterday declared illegal the Election Commission's restrictions on political parties campaign or participation of their nominees in local government polls, which are held on non-party basis

A two-member High Court bench comprising Justice ABM Khairul Haque and Justice Md Abu Tariq passed the ruling on a writ petition filed by Advocate Jasim Uddin Sarker, also a Jamaat-e-Islami leader.

The court, however, declared valid the August 4 schedule for holding polls to four city corporations and nine pourasabhas.

The judgment says the Election Commission (EC) has framed the election code-of-conduct rule restricting the political parties from nominating candidates superseding the two ordinances-the Local Government (City Corporation) Ordinance 2008 and the Local Government (Municipality) Ordinance 2008--for holding the elections.

The High Court opined that the EC has 'violated' the relevant laws, which is 'ultra vires to the Constitution'.

The judgment also said that, after examining the papers submitted by the EC with regard to final voter list, it is clear that the EC had announced the election schedule after the final voter list of the respective areas. So, the claim of the petitioner about holding elections to the four city corporations and nine municipalities without publishing the final voter list is not tenable.

On July 15, a High Court division bench, responding to the Public Interest Litigation (PIL) writ petition, had issued rule upon the government and the Election Commission (EC) to explain why the EC-declared August 4 schedule for the local government elections without the final voter list 'should not be declared illegal'.

The EC on June 20 announced the election schedule, as a 'test case' with the new voter list with photographs before the national elections slated for December next.

Advocate Masood Reza Sobhan assisted by Tajul Islam and Barrister Fatema S Sobhan appeared for the petitioner while Dr Shahdeen Malik for the EC.