THE PROCEDURE FOLLOWED IN ELECTION PETITION IN BANGLADESH

The procedure to be followed in Election petition is mentioned in section 29 of the Local Government (Union Parishads) Ordinance, 1983. The Election Tribunal after receiving an election petition shall give notice to all contesting candidates at the election to which the petition relates. Then the Election Tribunal shall take the evidence and examine the contesting candidates and then the Tribunal shall pronounce order, which shall be final.

Any person aggrieved by the decision of the Election Tribunal may, within thirty days of the announcement of the decision of the Tribunal, prefer an appeal to the District Judge within whose jurisdiction the election in dispute was held and the decision of the District Judge on such appeal shall be final.118 An order disposing of the election petition is appealable, but an order for recounting of ballots by the tribunal is not appealable.

The District Judge when acting as an Appellate Court in Election petitions is under the High Court Division. Though the Election Tribunal is not a civil Court but when the District Judge hears the appeal of such election petitions then he shall follow the procedure to be followed in the civil Courts as mentioned in the Code of Civil Procedure, 1908 and in Rules 47 and 48 of the Union Parishad Election Rules, 1983.

This Act also provides that any person aggrieved of a decision where the decision relating to Election was announced before the commencement of the Local Government (Union Parishads) Ordinance, 1984 may also prefer an appeal within thirty days.

Though section 29(4) of the Ordinance, 1983, says that the decision of the District Judge is final, but this section does not oust the right of the aggrieved parties to move before the HCD for revision and the parties can also go to the HCD with a writ.

Powers of the Election Tribunal:

An Election Tribunal has all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908, for the purpose of trying the election dispute.

  1. The Election Tribunal can order for the recount of the votes in appropriate cases.
  2. The Tribunal can allow the amendment of the election petition.
  3. The Election Tribunal cannot grant injunction.
  4. The Election Tribunal cannot act arbitrarily and whimsically.
  5. The Election Tribunal can proceed exparte if the Respondents do not file written objection or appear before it to contest the election petition.
  6. An Election Tribunal may declare the election of some centers void and direct fresh polling in those centers.
  7. The Election Tribunal can interfere if there has been contravention of the provisions of the Act and if the result of the election has been materially affected due to the contravening.
  8. When both the candidate got equal votes, the Election Tribunal is competent to draw a lottery and declare winner elected, though there is no express provision.
  9. The Election Tribunal should not set aside the Election result unless law demands it.
  10. The Election Tribunal has the power to decide whether a ballot paper is to be accepted or rejected.

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