Cancellation of Candidacy: 3 AL nominees lose legal battle at HC

The High Court yesterday upheld the Election Commission's decisions to scrap the candidacies of Awami League leaders Shamim Haque, Shammi Ahmed and Enamul Haque Babul.

The EC had rejected their candidacies on different grounds, including dual citizenship and defaulting on loan.

However, AL candidate Major General (retd) MA Salam and independent aspirant Serniabat Sadiq Abdullah, a former mayor of Barishal City Corporation, got back candidacies for the January 7 polls.

Another independent Shafiqur Rahman Badsha got the go-ahead from the Appellate Division of the Supreme Court to run.

Speaking to The Daily Star, Shah Monjurul Haque, a lawyer for Shamim, Shammi and Enamul, said his clients will challenge the HC  orders in the Appellate Division of the Supreme Court.

Shamim Haque, Shammi Ahmed and Enamul Haque Babul will challenge the High Court orders in the Appellate Division of the Supreme Court.

Shah Monjurul Haque A lawyer for the three aspirants

The nomination of AL candidate Shamim Haque (Faridpur-3) was cancelled due to his dual citizenship.

The HC bench of Justice Md Iqbal Kabir Lytton and Justice SM Maniruzzaman rejected Shamim's writ petition challenging the EC's decision.

Senior lawyers M Yusuf Hossain Humayun, Mohammad Sayed Ahmed Raza and Shah Monjurul Hoque appeared for Shamim.

Independent AK Azad had challenged Shamim's candidacy with the EC over his dual citizenship.

Senior lawyers Tanjib-ul-Alam and Mustafizur Rahman Khan argued for Azad before the HC.

The same bench rejected Shammi's writ petition challenging the EC's decision that cancelled her nomination paper for Barishal-4 on the ground of her dual citizenship.

Senior lawyers M Yusuf Hossain Humayun, Sayed Ahmed Raza and Shah Monjurul Hoque appeared for Shammi, while senior lawyer Mahbub Shafique argued for independent aspirant Pankaj Nath, who challenged the candidacy of Shammi with the EC over her dual citizenship.

The HC bench, led by Justice Md Iqbal Kabir Lytton, upheld the EC's decision that scrapped the candidacy of AL nominee Enamul Haque Babul (Jashore-4) over defaulting on loans.

It rejected the writ petition filed by Enamul challenging the EC's decision.

Meanwhile, the HC yesterday stayed the EC's decision that cancelled the candidacy of AL nominee Maj Gen (retd) MA Salam (Mymensingh-9) over defaulting on loan.

The bench of Justice Abu Taher Md Saifur Rahman and Justice Md Bashir Ullah ordered the EC to allow Salam to contest the polls.

It passed the order following a writ petition filed by Salam challenging the EC's decision. Senior lawyer Probir Neogi appeared for Salam during the hearing on the petition.

The same bench stayed the EC's decision that cancelled the candidacy of independent aspirant Sadiq Abdullah in Barishal-5 over dual citizenship.

The court ordered the EC to allow the former Barishal mayor to take part in the election, his lawyer Khurshid Alam Khan told The Daily Star.

Also yesterday, Justice M Enayetur Rahim, the chamber judge of the Appellate Division, directed the EC to allow independent aspirant Shafiqur Rahman Badsha to run for Rajshahi-2 seat.

The chamber judge passed the order after Shafiqur filed a petition challenging the HC order that upheld the EC's decision.

His candidacy was scrapped over irregularities in preparing the list of one percent voters' signatures submitted with his nomination paper.

Submitting documents before the chamber judge, Shafiqur said no irregularities occurred in preparing the list, his lawyer ABM Altaf Hossain told The Daily Star.

He added that there is no legal bar to his client's participation in the polls following the Appellate Division's order.