Commentary : A law-maker’s position cannot remain uncertain in law
With the lawyer of the Election Commission missing a three-week deadline to give reply to a High Court Division Bench rule as to why the EC gazette declaring Mohiuddin Khan Alamgir’s seat in Parliament vacant should not be declared illegal, the matter looks likely to prolong indefinitely as the rule, first timed for six months, has later been extended till the disposal of the rule.
Election Commission officials told The New Nation that they received the written order staying vacation of the seat and the rule on 02 January last. The stay, first scheduled to expire on 25 March, was extended on March 14 till the disposal of the rule. Lawyers of the Election Commission avoided direct answer to the question why they failed to respond to the rule even after getting copy of the HC Division’s order, but said, disposal of the case got delayed as the court was overburdened with cases.
The seat of Dr Mohiuddin Khan Alamgir was declared vacant because the Election Commission’s earlier decision of cancellation of his nomination paper was found valid by the Appellate Division of the Supreme Court.
Initially the returning officer rejected Mohiuddin Khan Alamgir’s nomination paper on 03 December 2008 on the ground of conviction under Section 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004. The Special Judge, Dhaka sentenced him to 3 years of simple imprisonment and 10 years of rigorous imprisonment respectively and a fine of Taka ten lacs in default to suffer imprisonment for one year more vide its judgment of 26 July 2007. Dr. Khan filed appeal before the High Court Division against the conviction and sentence on 04 November 2007. The High Court Division granted him bail on 28 August 2008 and stayed the sentence. [Read More]
Source: The New Nation - Independent Daily