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The Appellate Division of the Supreme Court on Wednesday (8 May) cleared the way for holding the by-election to Jhenaidah-1 constituency billed for June 5.
The Chamber Judge of the Appellate Division Justice M Enayetur Rahim stayed the High Court order that had postponed the Jhenaidah-1 by-polls.
With this order now there is no legal bar to hold the election.
Advocate M Syed Ahmed Raza, Advocate Sheikh Mohammad Morshed and Advocate BM Elias Kochi stood for the petitioner while Advocate Syed Mamun Mahbub and Barrister Md Ashraful Islam represented the other side.
On May 6, the High Court postponed the Jhenaidah-1 by-election, scheduled to be held on June 5, for 21 days.
The HC also fixed Sunday for hearing on the election petition.
Later, Awami League backed candidate Nayeb Ali Joarddar filed a petition with the Appellate Division challenging the HC order.
On January 7, ruling party backed candidate Abdul Hye won the election from Jhenaidah-1 constituency during the 12th national election, but it fell vacant following the death of Abdul Hye on March 16.
Later, the EC declared the by-election for June 5 for the constituency.
An election petition seeking cancellation of the gazette notification issued following the January 7 election, is processing at the High Court.
The HC also fixed Sunday May 12 for hearing on the petition after postponing the by-polls election schedule for the constituency.
Nazrul Islam, an independent candidate in the January 7 election, filed the election petition seeking a stay order on the gazette for the constituency.
On February 1, Justice AKM Asaduzzaman issued a stay order for two months on the gazette notification.
Before the two months expired, Abdul Hye passed away.
Earlier on January 7, according to the returning officer office, about 49 percent votes were cast at Jhenaidah-1 constituency. But the final results of the election showed that 58.27 percent votes were cast, or 28,389 more than the first report.
When the news spread, a petition was filed to issue a stay order on the voting results and gazette notifications published on January 8 and January 10, respectively.
Messenger/Sumon
