MD. ABU SAFA Vs. ABDUL MOMEN CHOWDHURY

JUDGEMENT

(1.) The petitioner as a public interest litigant is seeking leave to appeal against the judgment and order dated 24th May, 2005 passed by a Division Bench of the High Court Division in Writ Petition No. 2561 of 2005 making the Rule absolute.

(2.) The respondent Nos. 1-3 as writ petitioners filed the above writ petition, in the form of mandamus calling upon the writ respondent No.1, the Government of Bangladesh represented by the Chief Election Commissioner and Respondent No. 2 Bangladesh Election Commission to show cause as to why they should not be directed to know the information from the intending candidates for the election to the Parliament regarding:

(3.) The above writ petition was filed by Mr. Abdul Momen Chowdhury and two other learned Advocates of this Court in the form of Public Interest Litigation, stating to the effect, that they are committed social workers and political activists for bringing social, economical and political justice to the people. The petitioners case is they filed the writ petition out of their sense of duty as mandated by Article, 21(1) of the Constitution and asserted that the voters are of utmost importance in parliamentary election and they have the right to elect or reject a candidate on the basis of their antecedents and past performance in order to see as the whether the candidates are competent to discharge their function as lawmaker and represent the people in the House of the Nation in the Parliament. The further case of the respondent Nos.1-3 as writ petitioner is that the Election Commission should consider and it is imperative upon them to see that the musclemen, black-marketers, uneducated persons should not have any chance of being elected as representatives of the people and that if unscrupulous persons are elected, they will make provision for their self-aggrandizement and will not represent the people by whom they are made representatives. The respondent-writ petitioners further stated that the voters are entitled to know all the above particulars of the candidates.