Pourashava Election Rules, 1977
Chairman) to Pourashava.
—Election Tribunal when deciding an election
petition counted the ballot papers—On writ petition before the High Court
Division, the High Court Division, in the interest of fair play and justice,
again recounted and counted the ballot papers — Recounting though not normally
done by the Election Tribunal yet it is unobjectionable when done in the
interest of justice — The High Court Division only completed the process
started by the Election Tribunal.
Vs. Election Tribunal and Munsif, 3rd Court, Comilla and another Respondents.
(1980) 32 DLR (AD) 186.
Rules 37, 38
& 39: Election held must be declared
to be vitiated for reasons of unusual delay in depositing the election
materials with the Returning Officer and also because the election materials
were sent to the R.O. without escort as provided in rule 39(4).
All Vs. Munsif of First court, Khulna (1982) 34 DLR (AD) 146.
In an election case the decision of the
Election Tribunal is final. Its decision should not be disturbed, unless it
suffers from material illegality in the exercise of jurisdiction or the
procedure as laid down under the rules. Ibid.
Strict compliance of the Rules, 37, 38 and 39
is a must for ensuring fair election. Ibid
Infraction of election rules cannot be
inferred for something done after the poll is over which can be said to have
materially affected the result of the election. Ibid.