ABDUL HALIM GAZI Vs. AFZAL HOSSAIN

JUDGEMENT

(1.) Civil Appeal No. 229 of 2004 at the instance of writ respondent No. 7 Abdul Halim Gazi is directed against the judgment and order dated 1st August 2004 passed in Writ Petition No. 2004 making the rule absolute declaring that the election of the Jhalakathi Pouroshova has been vitiated as a whole and consequently canceling the Gazette notification declaring the appellant as elected to the aforesaid post and further directing the writ respondent Nos. 1 to 6 to hold a fresh election excluding the appellant as he was a bank defaulter and giving a further direction to the writ respondent No. 4 to initiate proceeding under Sections 199 and 200 of the Penal Code against the appellant along with other persons responsible for allowing the appellant to participate in the election.

(2.) Government of Bangladesh and Deputy Commissioner Jhalakathi filed Civil Appeal No. 230 of 2004 arising out of the same judgment and order and as such both the appeals are disposed of by this single judgment.

(3.) The facts, in short, are that the respondent No.1 filed a writ petition against the election result dated 10.05.2004 declaring the writ respondent No.7 appellant Abdul Halim Gazi as the elected Chairman and the publication of the gazette notification and administration of oath to the said Adbul Halim Gazi as the elected Chairman of the Jhalakathi Pourashava as illegal.