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Sayedee no more MP

HC finds him guilty of election fraud

Staff Correspondent
The High Court (HC) Division yesterday stripped ruling Jamaat-e-Islami leader Delwar Hossain Sayedee of membership of parliament (Jatiya Sangsad) for submitting false statement on his poll expenses and violating other election rules.
The HC in its judgement declared his election for Pirojpur-1 constituency null and void for corruption, illegal practice and violation of the Representation of People's Order, 1972, setting the first example of unseating a lawmaker.
The court found Sayedee guilty on several counts: he concealed the sources of election fund, spent more money than Tk 5 lakh ceiling set by election rules and did not send an affidavit along with his poll expenses to the Election Commission (EC).
A one-member HC bench with Justice Mohammad Iman Ali gave the ruling on the election of Sayedee following a petition by main opposition Awami League leader Shudhangshu Shekhor Halder that challenged the legality of his four-party alliance rival's election.
The HC directed the authorities to send its order to the EC by a special messenger for necessary action.
On receipt of the order, the EC will have to announce the constituency vacant and hold fresh polls within 90 days.
Explaining the law on Sayedee's joining of the current session of parliament, lawyers last night said he would enjoy the status of a lawmaker until the court order reached him and the EC declared his seat vacant.
Sayedee, who was declared winner of the October 1, 2001 ballot, told reporters that he would appeal against the ruling.
Halder filed the petition with the HC on November 14 -- 44 days after the polls -- against the chief election commissioner (CEC), Sayedee and nine others with a plea to declare him elected cancelling the poll result for his rival.
He said in the petition that Sayedee fuelled communal tension during election campaign and distributed leaflets with provocative messages that could shatter religious harmony.
The court, however, turned down Halder's appeal for declaring him elected on grounds that he bagged the second highest votes, which are 33,377 fewer than Sayedee.
Earlier, all election disputes were settled by the election tribunals that could hardly dispose of any case during the whole tenure of parliament.
Halder, a veteran lawyer and a former lawmaker, appeared before the court on his behalf, while Barrister Abdur Razzak defended Sayedee.
Halder had also filed a case with an election tribunal against the Jamaat leader charging him with breaching the election code of conduct and rigging the polls to the seventh parliament. The case was dismissed by the Appellate Division of the Supreme Court after the elapse of the parliament's stint.