MAHMUDUL ISLAM CHOWDHURY Vs. MD. SULTANUR KABIR CHOWDHURY

JUDGEMENT

(1.) This petition for leave to appeal is from the judgment and order of the High Court Division dated 27.11.94 in FMA No.296 of 1993 allowing the appeal and setting aside the judgment and order passed by the Additional District Judge and Election Tribunal No.2, Chittagong, Election Tribunal Case No.8 of 1991.

(2.) In the last Parliamentary election held on 27.2.92 respondent No.1 was declared elected to Parliament from 293 Chittagong-15 Constituency, defeating the petitioner by 668 votes. The petitioner filed the aforesaid Election Tribunal Case on the ground that under Article 8(2) of the Representation of the People's Order, 1972 the Election Commission published in the Official Gazette on 6.2.91 the final list of 83 polling stations specifying the area electors whereof will be entitled to vote at each polling station. By a Memo, dated 24.2.91 the Returning Officer with the active connivance of respondent No. 1 transferred voters from one polling station to another involving 11 polling stations disregarding the said Order and without the concurrence of the Election Commission, keeping the petitioner and his supporters absolutely in the dark and making a copy of the said Memo available to the petitioner's representative only two days before the polling when all electioneering mandatorily carne to an end. This last-minute change confused the voters and many voters who would have otherwise voted for the petitioner could not cast their votes. As such, the result of the election has been materially affected and the election should be set aside.

(3.) Respondent No.1 contended in his written objection that there was no change of polling stations but only an adjustment of the electors and that cannot render the election void.