Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna, 46 DLR (AD) (1994) 181

Case No: Civil Petitions for Leave to Appeal Nos. 193 and 194 of 1993

Judge: MH Rahman ,

Court: Appellate Division ,,

Advocate: Mr. Md. Aftab Hossain,Mr. Ozair Farooq,,

Citation: 46 DLR (AD) (1994) 181

Case Year: 1994

Appellant: Ansaruddin Ahmed

Respondent: Election Tribunal

Subject: Election Matter,

Delivery Date: 1993-6-14

Supreme Court
Appellate Division
(Civil)
 
Present:
Shahabuddin Ahmed CJ.
MH Rahman J.
ATM Afzal J.
Mustafa Kamal J.
Latifur Rahman J.
 
Ansaruddin Ahmed
................. Petitioner [In CP No. 194 of 1993]
Nasir Miah and others
..................Petitioners [In CP No. 193 of 1993]
Vs.
Senior Assistant Judge and Election Tribunal, Barguna and others
……...........Respondents [In both the petition]
 
Judgment
June 14th, 1993.
 
The Union Parishads (Election) Rules, 1983
Rule 49
When there exists a factual foundation and a decision on allegations relating to the election cannot be given without recounting of ballots, the Tribunal completely ordered for recounting of votes….….(6)
 
Lawyers Involved:
Md. Ozair Farooq, Advocate-on-Record-For the Petitioners in both the cases.
Md. Abdul Qaiyum, Advocate (appeared with the leave of the Court), instructed by Md. Aftab Hossain, Advocate-on-Record -For the Respondent No. 2 in both the cases.
Respondent Nos. 1 and 3 (In CP No. 193 of 1993) and Respondent Nos. 1 and 3‑5 ‑ Not represented.
 
Civil Petitions for Leave to Appeal Nos. 193 and 194 of 1993.
 
JUDGMENT
 
MH Rahman J.
 
1. The petitioner in CP No. 194 of 1993 Ansaruddin Ahmed secured highest number of votes in the election of Chairman of No. 1 Raihanpur Union Parishad PS Patharghata, District Barguna, trailed, by only 9 votes by respondent No. 2 AKM Khalilur Rahman who filed Election Tribunal Case No. 1 of 1992 before the Senior Assistant Judge and Election Tribunal, Barguna, Respondent No. 1, alleging various irregularities and illegalities, including the one that votes cast in favour of his symbol were counted in favour of that of his rival, the petitioners.
 
2. In CP No. 193 of 1993, the petitioners Nasir Miah and Hakim Khan secured the first and second highest number of votes in the election of Members for Ward No. 2 under Raihanpur Union Parishad. Their nearest rival Abdur Rashid, Respondent No. 2, instituted Election Tribunal Case No. 2 of 1992 before the same Election Tribunal alleging various illegalities and irregularities, one of which was that about 100 votes cast in his favour were counted in favour of the petitioners. In both the two cases, evidence has been closed. By two separate orders in the two Election Tribunal cases the Election Tribunal ordered re-counting of votes to arrive at a decision as to whether votes cast in favour of one candidate were counted in favour of the other.
 
3. The petitioner Ansaruddin Ahmed of CP No. 194 of 1993 and die petitioners Nasir Miah and Hakim Khan of CP No. 193 of 1993 then obtained separate Rules Nisi against the said orders of the Election Tribunal in Writ Petitions Nos. 174 and 113 of 1993 respectively By two separate judgments dated 20.5.93, the High Court Division discharged the Rules Nisi from which the petitioners preferred these two Leave Petitions.
 
4. Mr. Md. Ozair Farooq, learned Advocate-­on‑Record for petitioners in the two petitions, canvassed that the Election Tribunal passed the respective orders of re‑counting without there being a factual basis in the evidence led by the election petitioners.
 
5. We find that both the election-petitioners, AK Khalilur Rahman in one case and Abdur Rashid in another case, deposed that votes cast in favour of their respective symbols were counted in favour of the returned candidates.
 
6. As there exists a factual foundation and the Election Tribunal found that a decision on these allegations cannot be given without recounting the ballots, the High Court Division rightly discharged the Rules Nisi.
 
7. The petitions are dismissed.
 
Ed.