Several candidates of the upcoming 12th national polls – whose nominations were cancelled by the Election Commission (EC) – got back their candidacy through writ petitions with the High Court.
The HC bench of Justice Abu Taher Md Saifur Rahman and Justice Md Bashir Ullah restored the candidacy of independent candidate in Barishal-5 constituency Serniabat Sadiq Abdullah after hearing his petition on Monday (December 18).
The same HC bench also restored the candidacy of ruling Awami League's candidate for Mymensingh-9 constituency Major General (retd) MA Salam, cancelling the EC’s decision.
The High Court, however, rejected the writ petitions of two Awami League nominees, upholding the EC’s decision to cancel their candidature. The two are Shammi Ahmed for Barisal-4 constituency and Shamim Haque for Faridpur-3 constituency.
The HC bench of Justice Md Iqbal Kabir and Justice SM Maniruzzaman issued the order.
Earlier on December 15, the Election Commission revoked the candidacies of the two ruling party nominees in an appeal hearing.
The Election Commission scrapped the nomination the nomination of Barishal-5 candidate Serniabat Sadiq Abdullah as he was alleged to hold dual citizenship.
Former mayor of Barishal City Corporation Sadiq Abdullah sought the Awami League nomination, but Zahid Faruk, the incumbent MP and State Minister for Water Resources, secured the party’s nomination for Barishal-5 constituency.
Failing to obtain the party ticket, Sadiq Abdullah ran as an independent candidate, and the returning officer deemed his nomination valid.
However, Zahid Faruk appealed to the Election Commission (EC) to annul Sadiq Abdullah’s nomination, citing dual citizenship in the United States and alleged concealment of wealth information in the affidavit.
Simultaneously, Sadiq Abdullah appealed to the EC to cancel Zahid Faruk’s candidacy.
Following the hearing, the EC on December 15 upheld Zahid Faruk’s appeal, deciding to reject Sadiq Abdullah’s appeal. Consequently, Sadiq Abdullah’s candidacy was canceled.
In response, Sadiq Abdullah filed the writ petition with the High Court challenging the validity of the EC’s decision.
On the other hand, the EC cancelled the candidature of AL nominee in Mymensingh-9 Major General (retd) MA Salam, citing allegations of being a loan defaulter.
He filed writ petition with High Court, challenging the EC's decision. During the hearing, MA Salam’s lawyer Probir Neogi presented evidence proving his client’s non-involvement in any loan default.
Meanwhile, Shammi Ahmed and Shamim Haque secured nominations from the Awami League for Barisal-4 constituency and Faridpur-3 constituency respectively, but the EC barred them from participating in the elections due to allegations against them over dual citizenship.
Shammi Ahmed’s eligibility was called into question by independent candidate Pankaj Debnat. Shammi Ahmed also questioned the eligibility of her rival. Pankaj Debnath survived the challenge, but Shammi Ahmed has been disqualified due to dual citizenship.
Pankaj Debnath applied for Shammi Ahmed’s candidacy to be scrapped on the basis that she failed to disclose her Australian citizenship in her nomination paper.
Meanwhile, independent candidate AK Azad appealed to nullify Shamim Ahmed’s candidacy for the Faridpur-3 constituency, claiming that the Awami League candidate is also a citizen of the Netherlands. The EC upheld the appeal and disqualified Shamim Ahmed.
Senior lawyers M Yusuf Hossain Humayun, Mohammad Sayed Ahmed Raza and Shah Monjurul Hoque appeared for Shamim Ahmed. On the other hand, senior lawyers Tanjib-ul-Alam and Mustafizur Rahman Khan argued for independent candidate AK Azad.
Five aspirants, including three ruling Awami League nominees, had filed separate writ petitions with the High Court to get back candidacies for contesting in the upcoming 12th national elections.
Bikalpadhara Bangladesh candidate for Laxmipur-4 and Noakhali-4 constituencies Major (retd) Abdul Mannan is also among the aspirants who filed the writ petitions.
