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HC halts election to JS reserved seats for women

Staff Correspondent
The High Court (HC) yesterday directed the government and the Election Commission (EQ not to hold polls to 45 seats reserved for women in the Jatiya Sangsad, until hearing of a writ petition challenging theeleclion process.
The HC bench of Justice MA Matin and Justice AFM Abdur Rahman passed the order following a petition filed by 13 women leaders seeking an injunction on the polls
process. The court fixed February 23 forbearing thepetition.
On December 14 lastyear, the HC had issued a rule on the government asking it to explain in two weeks' time why the law providing for election to the reserved seats for woman should not be declared unconstitutional.
The court, however, had not then ruled on whether there should be a stay of operation ofthelawitself.
TWo more writ petitions relating to the 14th amendment to the con-
stitution, which provided for the 45 reserved seats for women in parliament, were filed earlier and the HC had issued separate rule following the petitions.
The Jatiya Sangsad on November 29 last year passed the bill for indirect election to the reserved seats on proportional representation of political parties or alliances amid strong protests by the opposition lawmakers. FROM PAGE 1
zXccording to the Jatiya Sangsad (Reserved Wbmen Seats) Election Act. the women members will be elected within 90 days of publication of the official results of all constituencies in a future general election.
In case of the present parliament which was elected in 2001, the election to the reserved seats was supposed to be held within 45 days of the passage of the bill. However, an ordinance issued last month said it would be held within 90 days.
During yesterday's hearing on the petition filed on Monday, petitioners' counsel Dr M Zahir said the hearing on the constitutionality of the reserved seats would be redundant if the election took place beforehand.
He said the EC is already in the process of preparing for the election. He sought an injunction so that the EC cannot continue the election process.
Opposing the petition, Additional Attorney General (AAG) Fida M Kamal said: "Election is a democratic process. Law is valid unless declared invalid by court upon hearing the parties concerned and all process can be taken under a valid law."
Citing the law, Fida said the election should be held within the stipulated timeframe and stopping the process might cause a failure to holdltwithintheperiod.
The rule can be discharged or can be absolute, Fida argued, "If the electoral process Is halted and the court decision does not go in favour of the petitioners, it may not be possible to complete the election process by the timeframe."
The AAG pleaded for continuing the election process.
As the court started delivering the order on halting the polls and continuing the electoral process, Dr Zahir opposed it. He argued again for staying the election process also, prompting the AAG to stand again to counter it.
The court then passed the order asking the respondents - cabinet division, secretary, law secretary, parliament secretary and the EC -- not to hold the election before die hearing of lire petition on February 23.
The HC order, however, did not
mention anything about continuing or halting the electoral process, said advocate Md Asaduzzaman who assisted Dr Zahir.
Talking to reporters later, Fida said the casting of vote would not be held but the electoral process would continue. He said hearing of all the three petitions regarding the reserved seats would be held on February 23.
Talking to The Daily Star, Farida Akhter, one of the petitioners, expressed satisfaction at the court order. "It proves that our demand is just,” she said.
Women leader Shirin Akhter termed the order a primary victory for the women fighting for empowerment. "We'll march forward to earn final victory.”
The other petitioners are advocate Sigma Huda, Dr Naila Khan, Shamsunnahar Jotsna, Seema Das Shimu, Hajera Sultana, Alina Khan, Dr Tasneem Siddique, Prof Latifa Akand, Faujia Karim, Rokeya Rafin Baby, Sultana Akter Ruby and Sayeeda Akhter.
Although the main opposition Awami League termed indirect election to the reserved seats based on proportional representation 'unconstitutional and a disgrace to the women', it finally decided to accept reserved seats forwomen.
The EC, on December 21, asked the political parties and alliance concerned to send lists of their candidates by December 28 for election to the reserved seats.