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HC dismisses petitions against re-demarcation

Staff Correspondent
The High Court (HC) yesterday declared valid the Election Commission (EC) ’ s re -demarcation of the parliamentary constituencies.
The bench, comprised of Justice Mir Hasmat Ali and Justice Shamim Hasnain, also vacated an earlier stay on operation of the EC's gazette notification of the delimitation.
Later the same day an appeal was filed with the Supreme Court (SC) for a stay on the HC rulings that came in response to five writ petitions challenging the legality of the EC's gazette notification.
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Former BNP state minister MA Mannan, one of the writ petitioners, filed the appeal.
His counsel Nasiruddin Ahmed Asim told reporters that they informed the EC of the appeal through a fax at 5:06pm.
The commission should not announce the election schedule until its hearing that may be held Monday, he added.
Earlier in the day, the commission withdrew its petition with the apex court for vacating the HC stay on its notification of the delineation.
Filed on October 30, the petition was scheduled to be heard yesterday by the full-bench Appellate Division.
Asked what could be the implications of the appeal for the announcement of polls schedule, EC's principal counsel Mahmudul Islam told The Daily Star unless the Appellate Division stays the HC verdict, the commission would have no problem unveiling
the detailed timetable for the ninth parliamentary election.
Shahdeen Malik, another counsel for the EC, told newsmen that the HC decision bears out that the commission has redrawn the boundaries of parliamentary seats properly and in compliance with rules.
Besides, he added, the petitioners have failed to prove that his client has violated the constitution and laws in this regard.
Petitioner MA Mannan's lawyer TH Khan expressed frustration with the HC judgment.
He said the bench noted that the writ petitions have something to do with politics, whereas no lawyer for the petitioners raised any political issue during the court proceedings.
The HC in its judgment observed that despite some constitutional restrictions on questioning the commission's actions with regard to delimitation, the court could still examine if the EC has delineated the constituency
boundaries, going beyond its jurisdiction and with mala fide intention.
However, the bench continued, it does not find the EC to have violated the constitution and laws pertaining to delimitation. Neither has it done anything beyond its jurisdiction.
On July 10 this year, the commission issued a gazette notification finalising a list of parliamentary seats with district-wise boundaries redrawn.
Following the writ petition by Mannan, the HC on August 7 stayed for three months operation of the gazette notification. It also issued a rule on the EC and the government to explain why the delimitation should not be adjudged illegal.
On separate writ petitions, it had issued similar rules to the same respondents.
According to the lawyers concerned, the stay would have been in force till November 6 had the HC not vacated it yesterday.