FARIDA AKHTER Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) These Civil Petitions for Leave to Appeal being No. 707 of 2005 arising out of Writ Petition No. 3262 of 2004, No. 708 of 2005 arising out of Writ Petition No. 6942 of 2004 and No. 789 of 2005 arising out of Writ Petition No. 3975 of 2004 were heard analogously as the same arose out of the single judgment and order dated 30-5-2005 passed upon hearing of the aforesaid writ petitions together and disposed of accordingly, discharging the Rules without any order as to costs and directing exclusion of time from 4th January, 2005 when the respondent No. 4 was restrained from holding the election till the receipt of the copy of the impugned judgment in computing the period of 90 days for the holding of the election to the reserved seats.

(2.) The Civil Petition for Leave to Appeal Nos. 707 and 789 of 2005 arose out of Writ Petition Nos. 3262 and 3975 of 2004 respectively challenging the constitutionality of sections 3 and 8 of the Constitution (Fourth Amendment Act), 2004 published in the Bangladesh Gazette dated 17th May, 2004 amending, inter alia, Article 65(3) of the Constitution and further adding paragraph 23 in the Fourth Schedule of the Constitution of the People's Republic of Bangladesh purporting to reserve 45 seats in the Parliament exclusively for women to be elected on the principles set forth by the Parliament whereas Civil Petition for Leave to Appeal No 708 of 2005 arising out of Writ Petition No. 6942 of 2004 purported to challenge the constitutionality of Act No. 30 of 2004 being Jatiya Sangsad (Sanrakhita Mahila Ashana) Nirbachan Ain, 2004 being ultra vires to the Constitution and violation of the fundamental rights of the petitioners.

(3.) All the above writ petitions were filed in the form of public interest litigations by women leaders, social workers and leaders of the political parties and certain other members of the civil society with important public image who have been advocating and fighting for the rights of the women of the country and fighting against the reserved seats for promoting the cause of election of the women by direct election and althrough representing to the Authorities concerned to ensure the women's true representations in the Parliament by direct election.