IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 10435 of 2021

In the matter of:

An application under article 102 of the Constitution of the People’s Republic of Bangladesh.

- AND-

In the matter of: Anowara Begum.

………..Petitioner. -Versus-

Secretary, Ministry of Local Government and Rural Development, Secretariat Building, Shahbag, Dhaka and others,

............. Respondents. Mr. Kazi Md. Mohsin, Advocate

.........For the petitioner. Mr. Bepul Bagmar DAG with

Mr. Mohammed Rezaul Hoque AAG

.......For respondent No.1. Mr. Muntasir Mahmud Rahman with

Mr. A.N.M. Ashiqur Rahman Khan, Advocates

......For respondent Nos.2-3. Mr. Arobinda Kumar Roy, Advocate with

Mr. Sajal Ahmed, Advocate

…For respondent No.7. Judgment on: 29.01.2024

Present:

Mr. Justice Md. Khasruzzaman

And

Mr. Justice K M Zahid Sarwar

Md. Khasruzzmaman, J:

In the application under article 102 of the Constitution, on 14.11.2021 the Rule Nisi under adjudication was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned order dated 08.11.2021 passed by the respondent No. 4 in Election Appeal No. 16 of 2021 dismissing the appeal and thereby affirming the order dated 04.11.2021 passed by the respondent No.6 cancelling the nomination paper of the petitioner for the post of Member (reserved Woman seat) of Ward Nos. 01, 02 and 03 (Old 01) of Kachpur Union Parishad Election-2021, Sonargaon, Narayangong (Annexures-F and F-1) should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.”

At the time of issuance of the Rule Nisi, the operation of impugned order dated 08.11.2021 passed by the respondent No. 4 was stayed. And the respondent Nos. 2 to 6 were directed to accept the nomination paper and to allocate symbol to the petitioner to contest for the post of Member (reserved woman seat) of Ward Nos.01,02 and 03 (Old 01) in the Kachpur Union Parishad Election-2021.

Facts relevant for disposal of the Rule Nisi, in short, are that respondent No. 2 vide Memo No. 17.00.0000.079.41.039.21-371 dated 14.10.2021 published election schedule of Kachpur Union Parishad Election-2021, Sonargaon, Narayangon fixing date for poll on 28.11.2021 (Annexure-A to the writ petition). On 28.10.2021 the petitioner submitted her nomi