Writ on presidential election process embarrasses HC Bench

High Court

Jehangir Hussain

A bench of the High Court Division on Sunday felt embarrassment to hear a writ petition filed challenging the legality of the process under which Mohammad Shahabuddin was elected as the President of the Republic.

As one judge of the bench of Justice Farah Mahbub and Justice Ahmed Sohel felt embarrassed to hear the petition, the matter was forwarded to the Chief Justice.

Justice Ahmed Sohel said he felt embarrassed as  he was a lawyer of the Anti-Corruption Commission for five years. 

On March 7, Supreme Court lawyer MA Aziz Khan had filed the writ petition challenging the issuance of the gazette notification that declared Shahabuddin President-elect and sought stay of operation of the gazette notification. 

The Election Commission and the Chief Election Commissioner were made respondents. 

Later, lawyer MA Aziz Khan told reporters that the writ was filed challenging the process under which Shahabuddin, a former commissioner of the Anti-Corruption Commission was declared  President elect.  

He said that the Election Commission would have cancelled the nomination paper of Shahabuddin had it applied its mind during scrutiny of his nomination paper. 

The meaning of 'elected' and 'appointed' are the same, the petitioner said.

The Election Commission on February 13 declared Shahabuddin President-elect of the Republic. 

Shahabuddin,  also retired judge, was elected unopposed as the lone candidate nominated by ruling Awami League. 

On April 23, Sahabuddin is due to succeed Abdul Hamid as President of Bangladesh.

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