SABER HOSSAIN CHOWDHURY Vs. ELECTION COMMISSION

JUDGEMENT

(1.) This appeal by leave granted by the High Court Division at the instance of the appellant-election petitioner Saber Hossain Chowdhury arises out of a decision of the High Court Division being order dated 30.4.2002 passed in Election Petition No. 6 of 2001.

(2.) The facts, in short, are that the appellant contested the election to the post of Member of Parliament from Dhaka-6 (Motijheel-Sabujbagh) Constituency in the election on 1st October 2001 and the respondent No.3 was declared elected in the election and the result was published in the official Gazette on 4 October, 2001. The appellant challenged the result of the election filing an application under Article 49 of the Representation of the People Order, 1972, hereinafter referred to as the Order. The said petition was registered as Election Petition No. 6 of 2001. The respondent No. 3 along with other respondents filed written objections. It was contended, inter alia, on behalf of the contesting respondents that the election petition itself was not maintainable in view of non-fulfilment of Article 49(4) of the Order inasmuch as the sum of Taka 2,000 as security for the costs of the petition has not been deposited by the election petitioner-appellant himself and thus the election petition became liable to be dismissed under Article 58 of the Order.

(3.) Issues were framed accordingly and issue No. 1 was framed to decide as to maintainability of the election petition and to decide whether the petition was liable to be dismissed under Article 58 of the Order. The said preliminary issue was taken up for hearing and after hearing the parties a Single Judge of the High Court Division by the impugned decision dismissed the election petition. Hence is this appeal.