IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 10412 of 2020 In the matter of :

An application under Article 102(2) of the Constitution of the People’s Republic of Bangladesh.

-And-

In the matter of :

Md. Mojammal Hoque

…… Petitioner

-Versus-

Bangladesh Election Commission, represented by the Secretary, Election Commission Secretariat, Dhaka and others.

……Respondents

Mr. Rafiqul Islam Sohel, Advocate

…. For the Petitioner

Mr. Mohammad Abul Hasan, AAG

..... For Respondent No. 3

Ms. Rani Akter, Advocate

…….. For Respondent No. 8

Present:

Mr. Justice Zubayer Rahman Chowdhury

And

Mr. Justice Kazi Ebadoth Hossain

Date of Hearing : 24.05.223, 08.06.2023

& 07.11.2023

Date of Judgment : 12.12.2023

Zubayer Rahman Chowdhury, J :

The instant Rule was issued on 31.01.2021 in the following terms :

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why inaction of the respondents in not holding the election of Chanpur Union Parishad, under Upazila Raipura, District- Narsingdi for last 09 (nine) years should not be declared to have been done without lawful authority and/or to pass such other or further order or orders as to this Court may seem fit and proper.”

At the same time, respondent no. 2 was directed to dispose of the application dated 21.11.2020 filed by the petitioner within a “reasonable time”. On 12.09.2021, a supplementary Rule was issued in the following terms :

“Let a supplementary Rule Nisi be issued calling upon the respondents to show cause as to why the respondents shall not be directed to publish the election schedule and to hold election accordingly of the Chandpur Union Parishad under Raipura Upazila, District-Narsingdi and/or such other or further order or orders be passed as to this Court may seem fit and proper.”

By order dated 22.09.2021, the Secretary, Local Government Division, Ministry of Local Government and Rural Development was impleaded as respondent no. 7. Thereafter, by order dated 16.07.2023, one Md. Momen Sarker, the present Chairman of Chanpur Union Parishad, Upazila Raipura, District Narshingdi was impleaded as respondent no. 8.

Briefly stated, facts relevant for disposal of the Rule are that the petitioner is a voter of Chanpur Union Parishad and he had exercised his right of franchise in both the Parliamentary election held in 2018 and the Upazila election held in 2019. Md. Momen Sarker, the incumbent Chairman of the Chanpur Union Parishad, filed Writ Petition No. 4037 of 2016 praying for issuance of a direction upon the respondents to declare Ward Nos. 4, 7 and 8 of Chanpur Union Parishad as ‘river eroded areas’ and reconstitute the said Wards in accordance with law and also to finalize the delimitation process of the said Wards. Consequently, a Rule Nisi was issued and the election of the Chanpur Union Parishad, which was scheduled to be held shortly, was stayed for a period of 3 (three) months by order dated 12.04.2016, which was subsequently extended from time to time. After a lapse of over three years, the said Writ Petition No. 4037 of 2016 was disposed of by judgment dated 12.03.2017 directing the concerned respondents to undertake and complete the delimitation process. However, for the reasons best know to them, the concerned respondents sat over the matter an