GIASUDDIN QUADER CHOWDHURY Vs. ABM FAZLE KARIM CHOWDHURY

JUDGEMENT

(1.) This is a Certificated appeal, in view of the provision in Article 62(3) of the Representation of People's Order, 1972 (hereinafter referred to as the order), against the judgment and order passed by the High Court Division on 20th and 21st April, 2002 in Election Petition No. 3 of 2001 dismissing the same on the ground of maintainability.

(2.) The appellant, Giasuddin Quader Chowdhoury, Presented the aforesaid Election Petition No. 3 of 2001 before the High Court Division against the respondent No. 1 and others accompanied by a deposit of an amount of Tk. 2000/- (taka two thousand) as security cost of the said petition through his learned Advocate Mr. Mohammad Zafarullah Chowdhury who deposited the said amount to the cashier of the Supreme Court in favour of the Registrar, Supreme Court, Vide Chalan No. 4 dated 23rd October, 2001 as per Notification issued by the Registrar on 18-10-2001 with the approval of the Hon'ble Chief Justice of Bangladesh.

(3.) The appellant filed the said Election Petition before the High Court Division for declaring him as an elected Member of the Eighth Jatiya Sangshad form the Constituency No. 284, Chittagong-6 (Rauzan) after holding that the Election of the respondent No.1, A.B.M. Fazle Karim Chowdhury as void because of illegal and corrupt practices adopted by him.