Zila Parishad: HC questions polls system

The High Court yesterday questioned the legality of three provisions of district council law that allow an electoral body to cast vote in the district council elections.

The court also issued a rule upon the authorities concerned to explain within four weeks as to why sections 4(2) and 17 of the Zila Parishad Ain (District Council Act), 2000, and section 5 of the Zila Parishad (Amendment) Ain, 2016, should not be declared illegal as they permit an electoral body to vote in the district council polls. 

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These provisions are against the constitution as there is no system of electoral bodies' voting in the elections. The voters are supposed to cast their ballots directly in elections of the country under the constitution, said the petitioner, lawyer Eunus Ali Akond, in the petition.

He filed the writ petition with the HC on November 29, challenging the legality of three provisions of the district council law.

In the petition, the lawyer also prayed to the HC to stay the process for holding elections to district councils.

Yesterday, the HC bench of Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah came up with the rule following a writ petition filed by Supreme Court lawyer Eunus.

The cabinet secretary, law secretary and chief election commissioner have been made respondents to the rule.

The court said it would hold a hearing on a similar pending rule, which was issued in 2000, along with yesterday's rule, Deputy Attorney General Tapas Kumar Biswas told The Daily Star.

He said there was no legal bar to holding the district council elections on December 28 following the HC rule, as the court did not pass any order about holding the polls.

However, petitioner Eunus told this correspondent that the Election Commission should not hold the district council polls after yesterday's HC rule, as the matter is now sub judice.