Staff Reporter :
A K Azad, an independent candidate from Faridpur-3 constituency, on Thursday filed a petition with the Appellate Division of the Supreme Court seeking cancellation of its Chamber Judge’s order that allowed Awami League candidate Shamim Haque to contest the January 7 national election.
Upon hearing the petition, the Chamber Judge of the SC Justice M Eneayetur Rahim sent it to the full bench for its hearing on January 2 in 2024.
Lawyers Probir Neogi and Mustafizur Rahamn Khan appeared in the court proceedings on behalf of A K Azad, while lawyers Yusuf Hossain Humayun, Moahmmad Sayed Ahmed Raza and Shah Monjurul Hoque appeared for Shamim Haque.
Azad submitted the petition to the Appellate Division saying Shamim Haque had not revoked his citizenship of the Netherlands till November 30, the last day for filing nomination papers, and therefore he cannot be allowed to contest the elections.
Earlier on December 19, the Appellate Division Chamber Judge stayed a High Court order that upheld the Election Commission’s decision to cancel Shamim’s nomination papers on the ground of his dual citizenship and ordered the EC to allow him to participate in the elections.
On December 8, alleging that Shamim has concealed information regarding dual citizenship (Netherlands) in the nomination paper, independent candidate Azad appeals to the EC to cancel his candidature. Later, the Returning Officer canceled the nomination of the AL candidate. EC upheld the decision on December 15.
Shamim then moved to the High Court which on December 18 rejected his writ petition. He then moved to the Appellate Division which upon hearing stayed the High Court order and ordered the EC to allow him to participate in the elections.
A full bench of the Appellate Division of the Supreme Court will also hear on January 2 the two other petitions filed by Barishal-4 Awami League candidate Shammi Ahmed and Barishal-5 independent candidate Serniabat Sadiq Abdullah.
In the petition, Sadiq Abdullah sought cancellation of its Chamber Judge’s order that restored the Election Commission’s decision to scrap his candidacy. He filed the petition with the SC on December 20.
The High Court on December 18 stayed the Election Commission decision that cancelled the candidacy of Sadiq Abdullah, and asked the EC to allow him to contest the election.
Moreover, the same Chamber Judge sent another petition of ruling AL candidate Shammi Ahmed who sought for vacating its Chamber Judge’s order that upheld cancellation of her candidacy from Barishal-4.
On December 19 the Chamber Judge upheld a High Court order that on December 18 rejected a writ petition filed by Shammi Ahmed challenging the Election Commission decision that cancelled her nomination due to her dual citizenship.
