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WOMEN'S RESERVED SEATS IN JS

SC clears way for election

Prayer against HC order rejected

STAFF CORRESPONDENT
The Supreme Court (SC) yesterday rejected a prayer for appeal against a High Court order that upheld the 14th amendment to the constitution providing for 45 reserved seats for women in parliament and the law for their indirect election.
The Appellate Division decision enables the government now to take initiative for holding the election, dashing the hope of the women organisations and rights bodies who have been staging countrywide protest against the provision.
The full bench of the Supreme Court headed by Chief Justice Syed JR Mudassir Husain rejected the leave to appeal petition after hearing both sides, clearing the way for holding the election to the women reserved seats in due time.
The law ministry will send a letter to the Chief Election Commissioner today for initiating the process of the election, Law Minister Moudud Ahmed told reporters after the SC verdict.
"Now there is no obstacle to holding the election," said the minister.
Counsels of the petitioners, meanwhile, said they would file a petition with the SC to review the rejection order.
Parliament passed the 14th amendment in May last year and enacted the law on November 29 which was gazetted on December 8.
But the election could not be held within the stipulated period (90 days from enactment of the law) because of a High Court stay order following three public interest litigation writ petitions filed by 13 women rights groups and individuals.
The High Court, on May 30, termed the amendment 'not unconstitutional' and said the period of time lost due to the stay would not be counted and the election would be held by the stipulated time. Then the petitioners moved to the Appellate Division.
Opposing the leave-to-appeal petition yesterday, Attorney General AJ Mohammad Ali in his submission said if the court now grants the petition, it will have to review the SC's previous judgement in the Ahmed Hossain versus State case.
In the Ahmed Hossain case (challenging the 10th amendment provisions for women's reserved seats), the Appellate Division had said that indirect election cannot be called undemocratic and it has sanctions of the constitution itself.
The Attorney General said 14th amendment to the constitution is proper and there is no flaw in the law of election process.
Dr M Zahir, Barrister Amir-Ul Islam and Barrister Sigma Huda moved for the petitioners.