HC orders division on Khaleda's candidacy



The High Court has given a split order against BNP chairperson Khaleda Zia's decision on the Election Commission's decision. The application will now be sent to the Chief Justice.

On Tuesday, senior bench of the bench Syed Refta Ahmed issued the rule after the order of the Election Commission suspending the nomination of Khaleda Zia.

Another judge of the bench. Iqbal Kabir disagreed with the order.

Khaleda's lawyer Kaiser Kamal said after the order, the presiding judge of the bench ordered Khaleda Zia to take part in the elections. But the other judge disagreed.

He said, now the applications will be sent to the Chief Justice in accordance with the rules. He will send matters to the other judge to settle matters.

The High Court on Thursday ordered the writ petition challenging the validity of the cancellation of nomination papers for three seats.

But party leaders and activists are still optimistic about the candidacy of BNP Chairperson Khaleda Zia in eleven parliamentary elections.

Earlier, the High Court bench of Justice Syed Reft Ahmed and Justice Iqbal Kabir was hearing on Monday. Senior lawyer AJ Mohammad Ali heard the plea for Khaleda Zia.

Barrister Kaiser Kamal and Naushad Zamir

Advocate Zainul Abedin, Faruk Hossain and AKM Ehsanur Rahman were present. Attorney General Mahbubey Alam stood for the state. Along with Deputy Attorney General Biswajit Debnath,

At the hearing, the European Commission's Executive Expert Mission's Lawyer Irini-Maria Gonnari was present in the court. At the beginning, he stood in the last row of the house room.

Justice Syed Refaat Ahmed asked him to arrange a meeting. Then, at a bench of the last ranks, the lawyers put them beside Gonari. During the hearing, he was seen taking notes.

At the hearing, the attorney general said, according to Article 66 (2) (d) of the Constitution - the person who has been convicted, does not have the option to participate. Recently, five BNP leaders will take part in the vote-mentioning that their sentence and sentence were postponed, the High Court appealed against it. A leader of the BNP appealed against the order. The Appellate Division stayed the High Court order.

He said that recently, a single bench of the High Court suspended the sentence of a candidate named Sabita Sultana Muni and gave him an opportunity to participate in the election. The Appellate Division suspended the order.

That is, according to the decision of the Appellate Division - the convicted person has no chance to participate in the election. Even if the convicted people are given the opportunity to participate in the elections, it will be contrary to Article 66 (2) (d) of the constitution.

Khaleda Zia's lawyer, AJ Mohammad Ali, said that the Returning Officers of the Khaleda Zia rejected the nomination papers for breaking the electoral code of conduct. The appeal is against the EC. The EC decides Khaleda's appeal on the basis of majority opinion. It is said that there is no scope for accepting nomination papers in the election because he is sentenced.

The lawyer said, if the paragraph 66 (2) (d) of the constitution is explained, then it is the final appeal after the settlement. Here the appeal of Khaleda Zia is pending in the High Court. Still not final settlement. As a result, there are obstacles to participate in the elections. In addition to the appeal against the sentence, the case of taking part in the vote is in the case of Mohiuddin Khan Alamgir. Later, the High Court fixed the date for the order.

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