KHANDAKAR (MD.) SHAHJAHAN Vs. MD. ATIAR RAHMAN MONSHI

JUDGEMENT

(1.) Feeling aggrieved by a Judgment and order recorded by Execution Appellate Judge wherein allowing Election Appeal, Judgment and order passed by Election Tribunal in an Election Petition stood set aside and election of the office of Chairman of No.2 Daidalia Union Parishad in the Union Parishad Election held on 20-12-1997 and published in Official Gazette on 3-3-1998 was declared as a whole void on allowing Election Petition, the successful candidate i.e. Elected Chairman as petitioner invoked this Courts Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure whereupon Rule was issued calling upon the opposite party No.1 to show cause as to why judgment and order dated 10-4-2000 passed by learned Subordinate Judge, Second Court, Kurigram and Election Appellate Judge in Miscellaneous Appeal No.36 of 1999 (Election Appeal) allowing the appeal on reversing those of dated 2-8-1999 passed by learned Senior Assistant Judge and Election Tribunal, Ulipur dismissing the Election Petition shall not be set aside.

(2.) Successful candidate i.e. elected Chairman, Khandaker Md. Shahjahan was respondent in Election Petition as well as in the Election Appeal and he is petitioner in Civil Revision Petition and he will be referred to hereinafter as petitioner.

(3.) Unsuccessful candidate Md. Atiar Rahman Munshi who secured the next highest votes was petitioner in Election Petition and appellant in Election Appeal and he is the first opposite party in Civil Revision Petition and he will be described hereinafter as opposite party.