High court issues rule on EC over non-registration of UPDF

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High court issues rule on EC over non-registration of UPDF

chtnews.com
News No. 173/2008, December 03, 2008

The High Court yesterday issued a rule on the Election Commission to show cause as to why the decision not to register United People's Democratic Front (UPDF) as a political party should not be declared to have been issued without lawful authority and is of no legal effect.

A high court bench comprising justice Said Mahmud Hossain and justice Quamrul Islam Siddiqui gave the order after Rabi Shankar Chakma, General Secretary of the UPDF, filed a writ petition against the EC decision. The court gave the respondents two weeks to reply.

Advocate Md. Iddrishur Rahman, Barrister Sarah Hossain, Advocate Pratikar Chakma and Advocate Md. Shahidullah moved the writ petition in the high court.

The respondents of the case are 1. The Election Commission for Bangladesh, Election Commission Secretariat, Shere-Bangla Nagar, Dhaka; 2. The Election Commission Secretariat, represented by its Secretariat, Election Commission Secretariat, Shere-Bangla Nagar, Dhaka represented Shere-Bangla Nagar, Dhaka; 3. Deputy Director (Administration) of the Election Commission, Election Commission Secretariat, Shere Bangla Nagar, Dhaka; 4. Senior Assistant Secretary (Proshashon- 3), Election Commission Secretaiat, Shere-Bnagla Nagar, Dhaka; 5. District Election Officer, Khagrachari Hill District; and 6. The Deputy Commissioner, Khagrachari.

On 20 October, the United People's Democratic Front submitted an application to the Election Commission Secretariat for obtaining registration as a political party. However, on 2 November, in an arbitrary manner and without giving UPDF the legally mandated opportunity to be heard, the EC took a decision not to grant UPDF registration, and in a letter wrote to the UPDF that "the Election Commission has decided that the United Peoples Democratic Party (sic) is not eligible for registration because it has failed to fulfill the conditions for registration as set by the Political Parties Registration Rules, 2008."

On 30 November, UPDF filed the writ petition against the said decision of the EC contending that it is ultra vires of the provisions of the Political Parties Registration Rules, 2008 and violates the principles of natural justice.

According to section 7(5) of the Political Parties Registration Rules, 2008, the EC is legally bound to give the applicant a fifteen-day's opportunity if the application is not submitted along with adequate documents and information.

The EC refused to give this opportunity to the UPDF and turned down the application in a manner described in the writ petition as arbitrary.

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