ABDUL KADER Vs. SECRETARY, ELECTION COMMIS­SION

JUDGEMENT

(1.) The petitioner seeks leave to appeal against the judgment and order dated 25-7-2005 passed by the High Court Division discharging the Rule issued against declaring the petitioner a defaulter illegally cancelling his nomination paper by the respondent No. 2 and further, declaring his election as Chairman of Kuti Union Parishad void.

(2.) The petitioner filed the writ petition stating, inter alia, that he was a former Chairman of Kuti Union Parishad and he, with a view to contesting the office of the Chairman in the election, filed nomination paper on 1-1-2003. The respondent No. 3, Returning Officer, in consideration of an objection submitted by one Harunur Rashid Chowdhury of village Leashiara of Ward No. 5 of the concerned union, found that the petitioner was a loan-defaulter with Agrani Bank, Kasba Branch and rejected his nomination paper on the ground of his being disqualified under section 7(2) (g) of the Local Government (Union Parishads) Ordinances, 1983.

(3.) The petitioner being aggrieved by the said order of rejection of the Returning Officer preferred an appeal before the respondent No. 2, Thana Nirbahi Officer, within time and the Thana Nirbahi Officer as an appellate authority by his order dated 5-1-2003 affirmed the order dated 1-1-2003 of the Returning Officer holding him disqualified as a loan-defaulter with the said Bank.