SYED ALAM MIA Vs. ELECTION COMMISSION

JUDGEMENT

(1.) In this appeal by special leave a question of considerable public importance is involved. It is whether the result of election of both Chairman and Members of a Union Parishad can be published in the official Gazette when admittedly no election was held in one out of three Wards of the Union. This arises from an order of the High Court Division dated 19 November 1989 in Writ Petition No. 955 of 1989.

(2.) For electing a Chairman and nine members of Rajapalong Union Parishad, Cox's Bazar, an election was held on 10 February 1988. Election was held peacefully in two Wards namely, Ward No.2 and Ward No.3, but no election could be held in Ward No.1 where the poll was adjourned due to disturbances. Repoll therein also could not be held for the same reason. Presiding Officers of Ward Nos.2 and 3 declared six members elected, three from each Ward. As to Chairman's election, the Presiding Officers forwarded the result to the Returning Officer and the latter declared one of the contesting candidates as elected Chairman of the Union without waiting for election in Ward No.1. He then forwarded the result to the Election Commission which got the result published in the official Gazette under a Notification dated 26 June 1989. This Notification was challenged by the appellant, one of the member-candidates of Ward No.1 in the Writ Petition as referred to seeking a declaration of nullity on the ground that law does not contemplate publication of result of any incomplete election.

(3.) Earlier one of the contesting candidates for the office of Chairman filed an Election Petition under section 25 of the Union Parishad Ordinance be fore the Election Tribunal and while that election petition was pending the Writ Petition was filed by this appellant and the Chairman-candidate. The High Court Division in view of pendency of the election petition dismissed the writ petition upon discharging the rule issued thereupon earlier. The appellant, member-candidate, who was not a party to the Election Petition, then obtained leave from us and filed this appeal.