The New Nation - Internet Edition

Staff Reporter

The High Court (HC) yesterday declared the Election Commission's gazette redrawing the parliamentary seats valid, clearing the way for announcement of schedule for the ninth parliamentary polls.

The HC division bench comprising Justice Mir Hasmat Ali and Justice Shamim Hasnain dismissed three separate writ petitions challenging the EC's gazette. The court observed that the counsel for the writ petitioners did not make their case with convincing arguments that the EC action as without jurisdiction and mala fide. The EC re-demarcated the parliamentary seats "in compliance with the constitutional mandate and relating laws without any lapse".

Disagreeing with the arguments of the Election Commission that the High Court cannot interfere into the Commission's delimitation affairs under Article 125 of the Constitution, the bench said the court does have the jurisdiction when the question of the Commission's authority and its intention are put into question.

On voters being listed before the redrawing of 133 out of 300 constituencies-one of the main objections of the petitioners-the court said that there is no hard and fast rule specified in the Constitution and relevant laws.

The court, however, observed that it had nothing to do with the number of voters to be enrolled in a constituency, which is a "disputed question of fact and does not come within the purview of the judicial review".

On the question whether the court can entertain any political issue, the bench said although many countries, including the United States and India, restrain the court from resolving any political issue, in Bangladesh the judiciary may look into such matter considering the national interests and perspectives.

Handing down the verdict, which was vital for the fate of the much-debated general election, the HC bench instantly vacated its earlier stay on the operation of the EC notification on the redrawn parliament seats.

As the High Court resolved the disputed issues on delimitation, the EC withdrew its application for vacating the HC stay from the Appellate Division of the Supreme Court.

Emerging from the court a bit downbeat, TH Khan, the principal counsel for former BNP lawmaker Abdul Mannan, one of the writ petitioners, said the judgment was based on "political considerations".

"I'm disappointed and shocked by the judgment, as the writ was filed for not individual benefit but for the greater interest of the people," said Khan.

Four weeks after the re-demarcation of the JS seats, Abdul Mannan, also a former state minister, filed the writ petition in the form of public-interest litigation (PIL) challenging the legality of the EC's notification on the delimitation, done under the recipe of reforms undertaken by the interim regime following the past crisis over the polls previously set for January 22, 2007.

Former Attorney-General Mahmudul Islam, assisted by Dr Shahdeen Malik, appeared for the EC. TH Khan, ABM Nurul Islam, Barrister Rafiqul Islam Mian, Abdur Razzaq and barrister Nasir Uddin Ashim stood for the petitioners.

Meanwhile, a counsel for Mannan filed an application for leave to appeal with the Appellate Division of the Supreme Court against the HC judgment.