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HC stays by-polls in Sylhet-3 constituency

27 July 2021


Staff Reporter :
The High Court on Monday stayed the by-polls in Sylhet-3 constituency till August 5 this year which was scheduled on July 28 amid the ongoing lockdown in a bid to curb the coronavirus infection.
A virtual HC bench of Justice M Enayetur Rahim passed the order after holding hearing on a writ petition filed by six Supreme Court lawyers and seven voters of the constituency seeking adjournment of the polls. Advocate Mohammad Shishir Manir appeared in the court on behalf of the writ petitioners, while attorney general AM Amin Uddin and deputy attorney general Bipul Bagmar represented the state.
The writ petition was filed with the HC on Monday morning, a day after a notice was sent to Chief Election Commissioner KM Nurul Huda seeking postponement of the polls.
The Sylhet-3 constituency fell vacant after Mahmud Us Samad Chowdhury MP died of coronavirus on March 11.
According to Article 123(4) of the Constitution, there is an obligation to fill the vacancy within 90 days.
The Article also said, "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 90 days following next after the last day of such period."
CEC KM Nurul Huda recently said the by-elections 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, "The Covid-19 situation in Sylhet area has worsened in recent days. Even the presiding officer died after coronavirus infection. Considering our arguments, the HC has postponed the by-elections till August 5."
The HC has said that the election would be held by September 7 after discussions, added the lawyer. 

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