Legal notice served on CEC for by-polls postponement26 July 2021
Staff Reporter :
A legal notice has been sent to Chief Election Commissioner KM Nurul Huda seeking postponement of by-polls in Sylhet-3 constituency.
Advocate Mohammad Shishir Manir sent the notice through an email on Sunday on behalf of five Supreme Court lawyers.
The Sylhet-3 constituency fell vacant after parliamentarian Mahmud Us Samad Chowdhury died of
coronavirus on March 11 this year. According to Article 123(4) of the Constitution, there is an obligation to fill the vacancy within ninety days of the occurrence of the vacancy.
The Article also said, "Provided that in a case where, in the opinion of the Chief Election Commissioner, it is not possible, for reasons of an act of God, to hold such election within the period specified in this clause, such election shall be held within ninety days following next after the last day of such period."
The by-election was scheduled to be held on June 8, according to an election commission notification issued on April 29. But the election date was deferred to July 14 due to coronavirus situation and again to July 28 on the same ground.
Chief Election Commissioner KM Nurul Huda recently said the by-election to Sylhet-3 constituency, scheduled to be held on July 28, will not be postponed due to constitutional and legal obligations.
Lawyer Shishir Manir said, "There is no constitutional obligation to hold the election by July 28. The election commission has 42 days more to hold the election after July 28 as per the constitution. If the outbreak of coronavirus does not reduce within this period, then the by-election must be held."
"The by-election to be held on July 28 cannot be postponed, this statement is not the correct interpretation of the law. The election commission should not hold the election during the lockdown imposed considering the ongoing coronavirus outbreak, and set a date for polling on any other day by September 7," read the notice.
If the by-election is not postponed, the notice sender will go to the Supreme Court for better remedy, also read the notice.
Five Supreme Court lawyers are- Md Muzahidul Islam, Al Reza Md Amir, Md Jobaidur Rahman, Md Jahirul Islam and Mustafizur Rahman.