Court Strikes Down Election Commission’s Redistricting Decision
On Monday, the High Court of Bangladesh declared illegal a gazette issued by the Election Commission (EC) that reduced the number of parliamentary constituencies in Bagerhat from four to three and increased the number of constituencies in Gazipur from five to six. The court’s decision came after hearing a writ petition challenging the EC’s actions.
The verdict was delivered by a bench comprising Justice Sashanka Shekhar Sarkar and Justice Faysal Hasan Arif. The court ordered the relevant authorities to reinstate the original four constituencies for Bagerhat and maintain the five constituencies for Gazipur.
Barrister Sheikh Mohammad Zakir Hossain represented the petitioner, while Deputy Attorney General Barrister Md Mehdi Hasan appeared on behalf of the state. The writ petition was filed by several groups, including the Bagerhat Press Club, District Bar Association, District BNP, and District Jamaat-e-Islami, all of whom opposed the EC’s decision to reduce Bagerhat’s constituencies.
Background of the Controversy
Earlier, on July 30, the EC proposed reducing Bagerhat’s constituencies to three ahead of the upcoming 13th parliamentary election. The decision was finalized through a gazette issued on September 4, which led to widespread criticism from various stakeholders.
According to the gazette, the new constituencies for Bagerhat were as follows:
- Bagerhat-1:Sadar-Chitalmari-Mollahat
- Bagerhat-2:Fakirhat-Rampal-Mongla
- Bagerhat-3:Kachua-Morrelganj-Sarankhola
The government of Bangladesh, the Chief Election Commissioner, the EC Secretary, and the Attorney General were made respondents to the writ petition.
Additional Legal Developments
In addition to this ruling, the EC also issued another gazette increasing Gazipur’s constituencies from five to six. This move further intensified the legal scrutiny surrounding the EC’s redistricting process.
On September 16, the High Court issued a rule asking the government and the EC to explain why the gazette should not be declared illegal and why the reinstatement of four constituencies for Bagerhat should not be ordered. Ten individuals, including Election Commission officials, were made respondents to the rule.
Implications of the Ruling
The court’s decision marks a significant development in the ongoing debate over electoral representation and fairness. By declaring the EC’s gazette illegal, the court has emphasized the importance of adhering to legal procedures and ensuring that the interests of voters are protected.
This ruling could have far-reaching implications for future elections, as it sets a precedent for how electoral boundaries are determined and challenged. It also highlights the role of the judiciary in safeguarding democratic processes and holding public institutions accountable.
Key Points from the Case
- The High Court ruled that the EC’s decision to reduce Bagerhat’s constituencies was illegal.
- The court ordered the reinstatement of four constituencies for Bagerhat and five for Gazipur.
- The writ petition was filed by multiple organizations opposing the EC’s decision.
- The EC had previously proposed cutting Bagerhat’s constituencies to three ahead of the 13th parliamentary election.
- A separate gazette increased Gazipur’s constituencies from five to six, leading to further legal action.
- The High Court issued a rule requiring the government and EC to justify their actions.