Order for re-poll by the Election Commission
The results of the election had been announced after due formalities and sent to the Election Commission for Gazette notification—Held: Under the Election Rules it is only the Election Tribunal which is competent to decide a post-election dispute and the Election Commission has no authority to decide such a matter.
Abul Hossain Vs. Md. Abul Baten & Ors. 7BLT (AD)-315
Wrong Counting of Votes
Election to the Union Parishad — Election petition filed before the Election Tribunal for setting aside the election on the ground of wrong counting of votes — Election Tribunal rejected the election petition. Being aggrieved, opposite party No. 1 filed an appeal before the learned District Judge—the learned Judge heard the appeal in part and ordered to bring the ballot papers of all the election centres of the Telegati Union Parishad the Court to arrive at a rightful decision—Held: I think the court of appeal below has not committed any illegality in calling for the ballot papers of the three wards of No. 1 Telegati Union Parishad by exercising the inherent power of the court and I think that the inherent power of the court is there to arrive at a correct finding and to do justice to the garties relied on 38 DLR (AD) – 275.
Shorab Hossain Vs. Khan Ashraf Ali 4BLT (HCD)-102
Election Rules Post
The Election Commission—Post-Election — under the Election Rules it is only the Election Tribunal which is competent to decide a post election dispute and the Election Commission has no authority to decide such a matter.
Shamsuddin Ahmed Vs. Harun-or-Rashid & Ors. 7BLT (AD)-136
Recounting of the ballot papers.
Election tribunal—recounting is not to be granted as a matter of course. It is only to be allowed when the tribunal is satisfied on the basis of evidence before it that recounting is indispensable necessary for complete and effectual justice.
Abdul Latif Bepari Vs. Md. Nurul Islam Hawlader & Ors 8BLT (AD)-233.