MAHMUDUL ALAM MANTU Vs. SANWAR HOSSAIN TALUKDER

JUDGEMENT

(1.) This appeal by leave is from the impugned order dated 12th December 1989 passed by a Division Bench of the High Court Division, Dhaka rejecting summarily the Writ Petition of the appellant, No. 998 of 1989, on the ground that it was not maintainable.

(2.) The appellant's case is that he was declared elected as a Commissioner of Ward No. 71 of the Dhaka Poura Corporation in the election held on 3.3.88. Respondent No.1, a contesting candidate, filed an election petition being Tribunal Case No.5 of 1988 before the Election Tribunal, Subordinate Judge, 3rd Court, Dhaka on various grounds stating, inter alia, that the election at one of the 5 centres, namely, the Central Press Staff Quarter Primary School Centre could not take place as the Presiding Officer, the Election Officer and others had fled away from that centre due to disturbance and deteriorating law and order situation. It was further asserted by respondent No. 1 that on an application filed by him before the Election Commission, Mr. AKM Jahangir, a Magistrate, First Class was deputed to enquire into the matter and he submitted a report stating that there was in fact a serious disturbance created by some miscreants in the centre. The appellant contested the election petition. The tribunal on consideration of the facts and evidence of the case, by its judgment dated 22.8.89, declared the election of the appellant void upon holding that the election at the aforesaid centre could not take place due to disturbance.

(3.) The tribunal's order was challenged by the appellant by filing the aforesaid writ petition raising, as the impugned order shows, two grounds for consideration of the Court;