MOZIBUR RAHMAN MOZNU (MD) Vs. ABDUL HALIM

JUDGEMENT

(1.) This is a respondents appeal, by leave, from the judgment and order dated 6th January, 1999 passed by a Division Bench of the High Court Division in Writ Petition No.106 of 1998 declaring respondent-appellant as being the elected Chairman of No.3, Citholia Union Parishad in Parshuram Police Station, District Feni illegal and without lawful authority.

(2.) Writ-petitioner-respondent No.1 challenged the declaration made by respondent No.6, Returning Officer, declaring the appellant (respondent No. 8 in the writ petition) elected Chairman, stating, inter alia, that election of No.3, Citholia Union Parishad was held peacefully in all Centres on 1-12-1997 except in the centre in Aloka Government Primary School Centre in Ward No.7 where the appellant with his unruly followers took away ballot papers as well as seals and put the seals in appellants ballot symbol Anaros (Pineapple), that the election was seriously rigged and there was disturbance and that the Presiding Officer stopped the poll as per Rule 29(1) of the Union Parishad Rules, 1983. It was also alleged that appellant entered into Noapur Free Primary School Centre and that there was disturbance in that Centre and the poll was stopped. That on 27-12-1997 fresh poll was held in the aforementioned two Centres. It was alleged that on the day of repolling appellant again caused rigging and that police could not hold election as because the appellant and his followers took away ballot papers, that although because of disturbance and rigging election could not be held peacefully the Presiding Officer in collusion with the appellant counted the votes, prepared statement in Form K without taking signature of the polling agent in the result sheet which was total violation of Rule 39(4) of the Union Parishads (Election) Rules, 1983 (hereinafter briefly the Rules) and sent the said result to the Returning Officer who consolidated in From Rs.the valid as well as challenged votes of the respective candidates and that according to the consolidated result the appellant got 2961 votes and respondent No.1 got 2751 votes and the same was sent to the Election Commission for publication of the result. The appellant was declared elected Chairman of No.3, Citholia Union Parishad by the Returning Officer (respondent No.6).

(3.) Before publication of the result the respondent No.1 moved the High Court Division in its constituent jurisdiction challenging declaration of the respondent No.6 declaring the appellant as an elected Chairman of the Union Parishad in question and obtained Rule in Writ Petition No.106 of 1998. The High Court Division at the time of issuance of the Rule stayed publication of the result.