LAWS(BANG)-1984-1-7

MD. BADRUL ALAM CHOWDHURY Vs. MD. ABDUL MANNAN

Decided On January 19, 1984
Md. Badrul Alam Chowdhury Appellant
V/S
Md. Abdul Mannan Respondents

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order passed by the High Court Division, Rangpur Bench, in Civil Revision No. 228 of 1985. Appellant filed an election petition under section 26 of the Local Government (Union Parishad) Ordinance No. LI of 1983 before the Election Tribunal challenging the ejection of the respondent as void and seeking the declaration that he had been duly elected as Chairman of Alambiditor Union Parishad No. XI of Kishoreganj Upazilla in the District of Nilphamari.

(2.) The appellant and respondents 2 and 3 contested the election, which was he on 10.1.84. The election was peaceful. On the basis of counting of ballots the appellant was declared elected by the Presiding Officer, but two days later 12.1.84 there was a re counting of votes whereupon it was found that the appellant got 3686 votes and respondent No.1 secured 3712 votes and accordingly, respondent No. 1 was declared elected as Chairman of, the Union Parishad.

(3.) The appellant then filed the election petition before the Election Tribunal and the Tribunal found that no notice to recount the votes was given to the appellant and these votes were recounted at a piece 15 miles away from the poling centre. The Tribunal further found collusion between the Presiding Officer and the Returning Officer. It was found further that the election was not materially affected by giving result of the votes in a plain-sheet of paper by the Presiding Officer and the first court. In view of the aforesaid the Tribunal allowed the petition and declared the appellant as Chairman. This decision was affirmed by the District Judge on appeal. The Appellate Court below found that tee counting of votes ought to have taken place at the centre immediately after the polling. But in the instant case, the Presiding Officer took away the ballot boxes to a place outside the centre. Reliance was placed on (1975) 27 DLR 307 and the learned District judge observed: