The High Court on Monday stayed for 21 days the process for holding by-election to Jhenaidah-1 constituency, which was scheduled to be held on June 5.
The HC bench of Justice Md Zakir Hossain passed the order following a petition filed by Nazrul Islam Dulal Biswas, an independent candidate who got the second highest votes in January 7 national election, seeking necessary directives.
In the January 7 election, Awami League candidate Md Abdul Hye was declared elected as lawmaker of the constituency. The constituency felt vacant after Abdul Hye died on March.
On April 23, the Election Commission declared a schedule for holding the by-election to this constituency on June 5.
The HC bench passed the stay order on Monday on the ground that an election petition has been pending with this court, his lawyer Syed Mamun Mahbub said.
He said the HC may hold hearing of the election petition on May 12.
Advocate Syed Mamun Mahbub said following the election petition filed by Nazrul Islam, the HC on February 1 stayed for two months the EC’s gazette that declared Abdul Hye elected in the election.
On February 5, the Supreme Court chamber judge, following a petition filed by Abdul Hye, stayed the HC order of stay and cleared the way for Abdul Hye to perform as an elected member of parliament from Jhenaidah-1.
Justice M Enayetur Rahim, chamber judge of the SC’s Appellate Division, sent Abdul Hye’s petition to its full bench for a hearing on May 13.
In the election held on January 7, Hye got 94,379 and Nazrul secured 80,547 votes.
Barrister M Ashraful Islam also appeared for Nazrul Islam during hearing of the petition on Monday.