ANSARUDDIN AHMED Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) The petitioner in CP No. 194 of 1993 Ansaruddin Ahmed secured highest number of votes in the election of Chairman of No. 1 Raihanpur Union Parishad PS Patharghata, District Barguna, trailed, by only 9 votes by respondent No. 2 AKM Khalilur Rahman who filed Election Tribunal Case No. 1 of 1992 before the Senior Assistant Judge and Election Tribunal, Barguna, Respondent No. 1, alleging various irregularities and illegalities, including the one that votes cast in favour of his symbol were counted in favour of that of his rival, the petitioners.

(2.) In CP No. 193 of 1993, the petitioners Nasir Miah and Hakim Khan secured the first and second highest number of votes in the election of Members for Ward No. 2 under Raihanpur Union Parishad. Their nearest rival Abdur Rashid, Respondent No. 2, instituted Election Tribunal Case No. 2 of 1992 before the same Election Tribunal alleging various illegalities and irregularities, one of which was that about 100 votes cast in his favour were counted in favour of the petitioners. In both the two cases, evidence has been closed. By two separate orders in the two Election Tribunal cases the Election Tribunal ordered re-counting of votes to arrive at a decision as to whether votes cast in favour of one candidate were counted in favour of the other.

(3.) The petitioner Ansaruddin Ahmed of CP No. 194 of 1993 and die petitioners Nasir Miah and Hakim Khan of CP No. 193 of 1993 then obtained separate Rules Nisi against the said orders of the Election Tribunal in Writ Petitions Nos. 174 and 113 of 1993 respectively By two separate judgments dated 20.5.93, the High Court Division discharged the Rules Nisi from which the petitioners preferred these two Leave Petitions.