Elections taking place by the will of Allah : HC
Staff Reporter :
A High Court bench on Sunday commented that everything happens by the will of Allah.
Even the Parliament elections which is taking place five months before (its last deadline option prescribed in the Constitution) is also being held by the will of Allah, the bench also mentioned.
The High Court bench of Justice Mustafa Zaman Islam and Justice Md Atabullah made the comment while holding hearing on a writ petition filed challenging the legality of the election schedule announced for the 12th Parliament by fixing the polling date on January 7 in 2024, keeping the 11th Parliament is in force.
“We will look into the matter in accordance with the law as the content of the writ petition are connected to constitutional issues,” Justice Mustafa Zaman Islam, presiding judge of the bench, said during the hearing.
The HC bench asked the writ petitioner-lawyer as to why he was aggrieved regarding the election schedule.
Lawyer Md Eunus Ali Akond said, “I’m a Supreme Court lawyer.
I took an oath. I got many good decisions after filing public interest litigation.”
Then the court asked, “What did you seek in the petition?”
The lawyer replied, “I sought HC stay on the election schedule.
There are five months more time in hand to hold the Parliament elections according to the Constitution.
However, the Election Commission (EC) is holding the election process in a hasten manner.
Many parties did not participate in the elections. In this case the election is pre-mature.”
The lawyer further said, “Parliament must be dissolved if elections take place before the end of the term of Parliament. Cabinet should be curtailed. None of these was done.”
The High Court then said, “The Election Commission is constitutionally empowered to hold elections at their convenience.
Apart from this, the issue of holding an election keeping another Parliament in place has already been settled.”
At one point of the hearing, when the issue of election at the end of the term of the Parliament due to reasons of an act of God prescribed in Article 123(4) of the Constitution came, lawyer Eunus Ali Akond said everything happens by the command of Allah.
Then the High Court said, “Everything happens by the command of Allah.
Even the Parliament election which is taking place five months before (its last deadline option prescribed in the Constitution) is also being held by the command of Allah.”
Finally the HC bench asked the lawyer to take well preparation for hearing the case and posted it on Monday for further hearing.
The writ petition was filed on November 29 with the High Court challenging the legality of the election schedule announced for the 12th Parliament by fixing the polling date on January 7 in 2024, while the 11th Parliament is still in force.
