Chattogram-2 constituency Jamaat candidate Md Nurul Amin has filed an application seeking a stay on the High Court verdict that declared valid the nomination paper of BNP candidate Sarwar Alamgir, who won from the constituency in the 13th parliamentary election.
Chamber Judge of the Appellate Division Justice Farah Mahbub today (13 July) fixed 19 July for hearing the application.
Earlier on 9 July, a High Court bench of Justice Fahmida Quader and Justice Md Asif Hasan delivered a verdict declaring the nomination valid. Sarwar Alamgir took oath on the same day.
Senior lawyer Ahsanul Karim and Barrister AM Mahbub Uddin Khokon appeared for the writ petitioner. Senior lawyer Shishir Monir and lawyer Azim Uddin Patwary represented Jamaat candidate Nurul Amin.
After Sarwar Alamgir's candidacy was declared valid by the returning officer, Jamaat candidate Md Nurul Amin filed an appeal against him, alleging loan default.
After hearing the appeal, the Election Commission cancelled his candidacy on 18 January.
Sarwar Alamgir later filed a writ petition with the High Court challenging the decision.
On 27 January, the High Court stayed the Election Commission order cancelling Sarwar Alamgir's candidacy and issued a rule, directing that he be allowed to contest the election.
Jamaat candidate Nurul Amin then filed a leave-to-appeal petition with the Appellate Division against the restoration of Sarwar Alamgir's candidacy.
On 3 February, the Appellate Division granted the leave-to-appeal against the order restoring Sarwar Alamgir's candidacy.
As a result, Sarwar Alamgir was allowed to contest the election, but the result was to remain suspended until disposal of the appeal and could not be published.
Sarwar Alamgir won the election held on 12 February, but the result was not published due to a court order.
Later, after hearing the appeal filed by the Jamaat candidate, the Appellate Division passed an order on 16 June.
In the order disposing of the appeal, the Appellate Division asked the High Court to dispose of the rule quickly, preferably within two weeks.
The order also said the Appellate Division order issued on 3 February would remain in force until disposal of the rule.
Jamaat / HC / Sarwar Alamgir / nomination / BNP
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