The High Court ruled in a verdict on Thursday that candidates running for Union Parishad election must provide seven types of information about themselves to the Electoral Commission by affidavit.
Candidates for general and local elections, except for union parishad election, since 2008 file seven types of information, including their background, asset declaration, lawsuits, if any, against them , etc., with the electoral commission. , along with their affidavit nomination papers following a Supreme Court verdict.
The bench of Judge Farah Mahbub and Judge Ahmed Sohel also ordered the Election Commission to take action to compel candidates from the Parishad Syndicate to provide it with the seven types of information.
The court issued the directive while disposing of a motion for writ filed by Mohammad Faruk Ul Azam, an independent candidate for president of the Bhaktapur syndicate parishad polls in Fatikchhari of Chattogram, challenging the legality of the annulment of his declaration of candidacy .
The bench in its verdict also declared illegal the returning officer’s October 25, 2021 decision disqualifying Azam from running for re-election on the grounds that he was a loan defaulter.
The Bangladesh Credit Bureau listed Azam as a loan defaulter because he was the guarantor for a loan defaulter.
In the verdict, the High Court said it had not found Azam to be a loan defaulter.
The Election Commission is now expected to announce a new timetable for holding elections to elect the President of Bhaktapur UP.
The Bhaktapur UP election was held on 11 November 2021, excluding the election for President as the case was pending in the High Court.
The Local Government (Union Parishad) Act 2009 requires UP candidates to provide all seven types of information to the EC through an affidavit, the court observed.
But, the court pointed out, a rule crafted in 2010 under the 2009 law excluded the mandatory provision.
“A rule cannot prevail over a law,” the court added.
Lawyers Hassan MS Azim and his junior Jahid Ul Anwar appeared for the petitioner.