High Court bench of Justice Fatema Najeeb and Justice Fatema Anwar announced the verdict on Thursday evening (December 11). The court gave the verdict after a rule hearing that lasted from 2:30 pm to 5:30 pm.
Advocate Ahsanul Karim, Barrister Rashna Imam, Barrister Reshad Imam, Barrister Shahedul Azam were present in the court for the writ. Advocate Mohammad Hossain Lipu, Advocate Zahirul Islam Musa, Advocate Ajmal Hossain, Advocate Nazmus Shakib opposed the writ on behalf of the NCP. Advocate Yarul Islam was present for the Congress.
Earlier, on December 1, the High Court issued a rule asking why the provision of voting under one's own party symbol would not be illegal even if the coalition elections were held in the upcoming national elections.
The High Court bench of Justice Fatema Najeeb and Justice Fatema Anwar issued the rule. The Election Commission was asked to respond to the rule within 10 days.
Senior lawyer Ahsanul Karim argued the writ petition in court that day. Senior lawyers Barrister Reshad Imam, Barrister Shahedul Azam, Barrister Md. Mostafizur Rahman were present. Advocate Zahurul Islam Musa and other NCP lawyers opposed the rule during the hearing.
A writ petition was filed in the High Court on November 27, challenging the provision that voters can vote under their own party symbols even though they are part of an alliance in the upcoming parliamentary elections. The writ petition seeks to quash the Representation of the People Order (RPO) by adding a provision that even if multiple parties registered in the election are part of an alliance, they must vote under their own party symbols.
Mominul Amin, Secretary General of the National Democratic Movement (NDM) led by Bobby Hajjaj, filed the writ. The Chief Election Commissioner and other concerned parties have been named as respondents in the writ.
On November 3, the government issued an ordinance amending the Representation of the People Order (RPO) by adding a provision that even if multiple parties registered in an alliance are in the election, they must vote under their respective party symbols.
Previously, if a party participated in the election as part of an alliance, they had the opportunity to take the symbol of any party in the alliance. The draft RPO Amendment Ordinance was approved in principle at the meeting of the Advisory Council on October 23.
The BNP had objected to the provision of holding elections under party symbols even though they were part of an alliance. The party had informed the Election Commission and the Law Ministry of its objections in writing. The government's decision also created unease among some smaller parties that were interested in joining the alliance.
Then, Jamaat-e-Islami reacted strongly to the news that the government had taken a policy decision to drop the issue. In the end, the ordinance was issued keeping that provision.
