JATIYA PARTY Vs. ELECTION COMMISSION FOR BANGLADESH

JUDGEMENT

(1.) This appeal by the writ-petitioner-appellant is against an order dated 9-3-2000 passed by a Division Bench of the High Court Division summarily rejecting Writ Petition No. 1153 of 2000.

(2.) Jatiya Party represented by its Secretary General Anwar Hossain Manju had impugned an order dated 23-2-2000 passed by respondent No. 2 awarding the symbol Langol to Jatiya Party faction headed by Mr. HM Ershad for all by-elections for the present Parliament referring to Article 20(1), 61(b) of the Representation of the People Order, 1972 and Rule 9(1) of the Conduct of Election Rules, 1972 being the existing legal provisions for allocation of symbols in the parliament election. The symbol Langol was reserved for Jatiya Party by the Election Commission. In Meherpur-1, by-election one Motassim Billah, a candidate of Jatiya Party requested for allocation of symbol Langol and as there was no other candidate of Jatiya Party, the Returning Officer by order dated 19-4-1999 refused to allocate the said symbol Langol to him and allocated the symbol Butterfly for the said by- election, a symbol reserved for independent candidate whereupon Writ Petition No. 1318 of 1999 was filed before the High Court Division andi the Rule was made absolute on 23-4-1999 directing. The Returning Officer to allocate the symbol Langol as a candidate of Jatiya Party. In an appeal before the Appellate Division, the Appellate Division by a judgment dated 17-11-1999 in Civil Appeal No. 44 of 1999 allowed the appeal setting aside the order of the High Court Division.

(3.) The appellant further asserted that in the council meeting of Jatiya Party Mr Mizanur Rahman Chowdhury and Mr Anwar Hossain Manju were re-elected as the Chairman and General Secretary respectively which were attended by most of the members of the parliament belonging to Jatiya Party. The appellants party existed on 12-6-1996 when they were sitting Chairman and General Secretary respectively.