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Demand for By-poll Repeal

HC stays BDB petition to EC for 3 months

Staff Correspondent
The High Court yesterday stayed for three months proceedings of the petition to the Election Commission (EC) Bikalpa Dhara Bangladesh candidate Abdul Mannan filed for cancellation of the controversial Dhaka-10 vote, which was scheduled forhearingtoday.
In another development, the lawyer for the top four government officials -- who are facing contempt charges and seeking a stay order frofn the Appellate Division against the High Court directive for their court appearance, withdrew the submission he made before the chamberj udge onWednesday.
Staying proceedings of Mannan's petition, the High Court bench of Justice Joynul Abedin and Justice Sharifuddin Chakladar also asked the EC and Mannan to reply in three weeks why proceedings of Mannan's petition should not be declared illegal.
The court ruling came on a writ petition filed yesterday by ruling coalition's Mosaddak Ali Falu, who won the July 1 ballot.
Mannan on July 3 filed an appeal to the EC challenging the validity of
the by-poll marred by what he said was massive rigging. The next day, the EC asked Mannan and Falu to make their argumentsonjuly8.
The EC heard both and directed Mannan to submit an affidavit by July 15 on the allegations that his agents were driven out of polling centres on the election day. The EC also asked Falu to submit his side of argument through a countcr-affidavitbytoday.
Mannan submitted 55 affidavits to the EC containing evidences of ballot rigging.
Advocate Mahbubur Rahman representing Falu in court said according to constitution and Representation of the People Order 1972 (amendment), the EC has no legal authority to hear any election disputecase.
Tiie matter can be taken up with no other forum but the High Court, Raliman said. He argued there is no scope to hear the petition now that the EC gazette has declared Falu the winner and he has been sworn in parliament and attended its latest session.
The lawyer also said they appealedforrejection of the petition
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duringthe July 8 hearing at the EG
Mannan, who boycotted the prestige polls in the Ramna-Tejgaon constituency two and half an hours into the ballot, also sued four top government officials on July 6 for contempt of court for not providing army in each polling centre in line withthcHighCourtdirective.
i The High Court on July 12 asked ; the four high government officials । whytheyshouldnotbechargedwith contempt of court for violating its orders. It asked them to appear
• before the High Court bench on July 24.
Mahbubur Rahman, who also stood for them in court, sought immunity for the four from court appearance and a stay order against the High Court directive the same day. He arguedpublicinterestwould suffer if the four holding important public offices appear before it settingaside theirofficial business.
Advocate Rahman yesterday, however, told the full bench of the Appellate Division that he was withdrawing his earlier submission on instruction from his clients, a move that the bench allowed.
Asked by reporters if the four government officials would now appear in court, he said, "Wait and see."