President’s Order No. 14 of 1962
Presiding Officer must wait for full 5 hours allotted for casting of votes and
any other work done provided under Article 35 within these 5 hours, illegal.
Article 25 of the President’s Order No. 14 of
1962 provides that the total period allotted on any one day for polling shall
not be less than five hours without any break.
In the present case in the voting centre 5
hours’ time was fixed as commencing from 9 a.m. and ending at 2 p.m. But as all
the voters cast their votes by 12-15 p.m. in this centre, the Presiding Officer
immediately after 12.15 p.m. unsealed the ballot-boxes and started counting
The point of contention raised was whether
the Presiding Officer acted rightly in doing what he had done after 12.15 p.m.
without waiting till 2 p.m. before he unsealed the ballot-boxes and started
Held: Even though
all the voters had cast their votes by 12.15 p.m., yet the Presiding Officer
was not within his rights to take up the other works provided under Article 35
of the president’s Order No.4 of 1962 before 2 p.m.
The statutory limit of the five hours cannot
be said to be a subject-matter of reduction at the option of the Presiding
Ahmed Vs. Matiur Rahman Chowdhury (1963) 15 DLR 167.
—Art. 35. [See under
Article 25 of Presidents Order No. 14 of 1962 in case of Jasimuddin Ahmed vs. M. R. Chowdhury in 15 DLR 167 above].