The by-election to Sylhet-3 constituency has been postponed. The High Court (HC) on Monday (July 26) stayed the by-election, scheduled for Wednesday (July 28), until August 5 due to the ongoing strict lockdown.
The HC bench of M Enayetur Rahim issued the order following a writ filed seeking the High Court’s directive on the Election Commission (EC) to postpone the by-election due to the ongoing surge in Covid-19 cases.
The court said that it would make further decision about holding the by-election after August 5 on hearing the petition in details and observing the circumstances.
The HC bench asked Attorney General AM Amin Uddin to communicate the stay order to the EC.
Advocate Mohammad Shishir Manir, a lawyer of the Bangladesh Supreme Court, appeared for the writ petitioners while Deputy Attorney Generals Samarendranath Biswas and Bipul Bagmar opposed the writ petition in the court.
Earlier in the day, six lawyers of the Supreme Court and seven voters of Sylhet-3 constituency collectively submitted the writ petition, saying that holding the by-election on July 28 is contradictory to the ongoing lockdown enforced by the government.
Six lawyers are Mohammad Shishir Manir, Md. Mujahidul Islam, Al Reza Md Amir, Md. Jobaidur Rahman, Md. Zahirul Islam and Mustafizur Rahman.
In the petition, the lawyers said that there is no constitutional obligation for the EC to hold the by-election to Sylhet-3 on July 28.
Advocate Shishir Manir said that the deadline for the by-election to Sylhet-3 constituency is September 7 this year as per the constitution.
Earlier on Sunday (July 25), the lawyers sent a legal notice to Chief Election Commissioner (CEC) KM Nurul Huda seeking postponement of Sylhet-3 by-polls. The lawyers in the legal notice said, “If no action is taken without any delay as well as today (Sunday), we will go to the court tomorrow (Monday) in this regard.”
Earlier on Saturday, CEC KM Nurul Huda at a meeting in Sylhet commented that the by-polls can’t be postponed due to constitutional and legal obligations.
The Sylhet-3 constituency fell vacant after Mahmud Us Samad Chowdhury died of Covid-19 on March 11.
Ruling Awami League candidate Habibur Rahman Habib, Jatiya Party candidate Mohammad Atiqur Rahman, Bangladesh Congress candidate Junayed Mohammad Miah and BNP rebel candidate Shafi Ahmed Chowdhury are contesting in the by-polls.
