BNP Chairperson Khaleda Zia lost a legal battle to contest the December 30 national election as the Election Commission yesterday rejected her all three appeals against cancellation of her nominations by returning officers.
Khaleda, who has been behind bars since February 8 after being sentenced by a special court to five years imprisonment for graft, filed nominations for Bogura-6, 7 and Feni-1. But during scrutiny, the ROs concerned rejected all the nominations on grounds of her conviction in criminal cases.
Her lawyers opted for appeals challenging the ROs' decisions. After hearing the appeals, an election commissioner accepted those. However, the chief election commissioner and three other election commissioners rejected the appeals.
Khaleda's lawyers later said she might file a petition with the High Court challenging the EC's decision.
For all latest news, follow The Daily Star's Google News channel. “We will examine the legal side whether we can go to the High court. If we are convinced, we will file an appeal with the High Court challenging the rejection of Khaleda Zia's candidature by the Election Commission,” barrister Mahbub Uddin Khokon told reporters.
The BNP chief's participation in the parliamentary polls became uncertain after a special court in February had sentenced her to five years in prison in the Zia Orphanage Trust graft case.
She filed an appeal with the HC, challenging the lower court's verdict. But the HC on October 30 rejected her appeal and enhanced her punishment to 10 years in jail.
On October 29, the same special court sentenced her to seven years' imprisonment on charges of abusing power during her second term as prime minister (2001-2006). According to the charges, she abused power in collecting and spending Tk 6.52 crore for different purposes, which include purchase of 42-katha land in the capital to set up a charitable trust after her late husband's name.
Interestingly, the EC yesterday accepted the nomination paper of former BNP minister Nazmul Huda who formed Bangladesh National Alliance of 31 parties and joined the ruling Awami League-led alliance to contest the December 30 polls.
Huda is now facing four years imprisonment in a bribery case.
A special court on August 27, 2007, had sentenced Huda to seven years' rigorous imprisonment on charge of taking Tk 2.40 crore as bribe from a businessman.
Following his appeal, the HC on March 20, 2011, acquitted him of corruption charges. But the Appellate Division of the Supreme Court on December 1, 2014 scrapped the acquittal and asked the HC to hold a fresh hearing on his appeal and dispose of it on merits.
On November 8 last year, the HC modified the lower court judgment and sentenced Huda to four years' imprisonment in the bribery case.
The copy of the full verdict was released on November 18. In the full verdict, the HC directed Huda to surrender before the trial court in 45 days after receiving the copy of verdict.
Huda's nomination paper was rejected on the grounds that he did not mention whether he filed it as an independent candidate or a party nominee.
The EC also accepted appeals of BNP candidates Morshed Khan, Afroza Abbas and Nadim Mostafa who have got party tickets for Chattogram-8, Dhaka-9 and Rajshahi-5 respectively.
APPEALS AGAINST ABBAS, ERSHAD REJECTED
Yesterday, the EC rejected an appeal filed by Social Welfare Minister Rashed Khan Menon against accepting the nomination of BNP leader Mirza Abbas for Dhaka-8.
Menon, who is contesting the same seat as a candidate of the AL-led grand alliance, complained that Abbas concealed information in his affidavit.
The EC rejected another appeal against accepting the nomination of Jatiya Party Chairman HM Ershad in Rangpur-3.
A candidate of Progressive Democratic Party in the same seat, Sabbir Ahmed had filed the appeal against Ershad alleging that he didn't submit a copy of his bachelor degree certificate and mention about his money in abroad.
AMAN, HELAL UDDIN LOSE APPEALS
The EC turned down the appeals of BNP leader Amanullah Aman and Mir Mohammad Helal Uddin on grounds of their graft convictions. The two had filed nominations for Dhaka-2 and Chattogram-5.
Abdul Kader Siddiqui, president of Krishak Sramik Janata League, failed to win any of his two appeals. His nominations for Tangail-4 and 8 were rejected by the RO over default loans.
The commission accepted the appeal of Mustafa Mohsin Montu, general secretary of Gonoforum, for Dhaka-3. The RO had rejected his nomination paper for filling it up partially.
The EC yesterday disposed of 233 appeals. Of them, 82 were accepted and the rest rejected.
The commission in the last three days disposed of 532 appeals. Of the appellants, 202 have been allowed to run in the national election.
DISPOSAL OF KHALEDA'S APPEALS
The EC began hearing three appeals of Khaleda around 12:40pm.
Her lawyer Mohammad Ali told the commission that returning officers rejected the BNP chief's nominations for violating section 12 (1) (d) of the Representation of People Order (RPO) which deals with electoral offences.
Ali said Khaleda didn't violate the RPO. At one stage, the EC postponed the hearing.
As the hearing resumed around 5:00pm, the lawyer made the same submission to the EC.
Election Commissioner Mahbub Talukder said, “Considering the legal aspects, I give my verdict in favour of accepting Khaleda Zia's appeals.”
Rejoicing at the verdict, a group of people, including lawyers, applauded.
At this stage, EC Secretary Helal Uddin Ahmed said it was not a verdict of the full court.
Election Commissioner Rafiqul Islam said, “We cannot consider a convict. These appeals cannot be accepted. I am rejecting the appeals.”
This time, another group of people applauded.
Election Commissioner Brig Gen (retd) Shahadat Hossain Chowdhury said he rejected the appeals as per section 66 of the constitution.
Kabita Khanam, another election commissioner, said Khaleda's conviction was still in place. “The returning officer termed her a convicted person…these appeals are rejected as she is a convicted person.”
Referring to the views of the three election commissioners who turned down the appeals, CEC Huda said, “Khaleda Zia's conviction is still in place. In this context, I reject her appeals.”
Later, EC Secretary Helal Uddin said four out of the five election commissioners have rejected Khaleda's appeals. As a commissioner accepted the appeals, the prayer was rejected by 4-1 vote, he added.
Talking to journalists, Khaleda's lawyer Mahbub Uddin Khokon said either the CEC or the other election commissioners delivered appeal verdicts on behalf of the EC in the last three days.
“After the announcement of Mahbub Talukder's verdict, there was no scope for delivery of a second judgment,” he said.
The lawyer alleged that a game was being played over Khaleda's candidacy. The BNP would move the High Court challenging the EC's decision, he added.
Awami League leader Yusuf Hossain Humayun, also a vice chairman of Bangladesh Bar Council, said the verdict was given on a majority decision. “There is no scope to create a debate on it. Everyone must obey the judgment.”
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