
The Election Rule, 1972
Rule 4- To hold election as per voter list published including those 672 voters of Uttar Kistakathi- We would like to add that if the Ministry of Local Government, Rural Development and Co-operatives, the respondent No.2, can publish gazette notification in accordance with Pourashava Election Rules including Uttar Kistakathi within the Jhalokathi Pourashava in the intervening period of publication of gazette notification declaring election schedule as per direction of the High Court Division, there would be no bar to hold election as per voter list published including those 672 voters of Uttar Kistakathi. .....Abdul Jalil Khan VS Bangladesh, [4 LM (AD) 1]
Rule 9(1)
Barnard and others Vs. National Dock
Labour Board and another, 1953(1) All England Law Reports 1113. Vine Vs
National Dock Labour Board. 1956(3)All England Law Reports 939. Allingham and
another Vs. Minister of Agriculture and Fisheries, 1948(1) All England Law
Reports 780. Jamal Shaha,18 DLR(SC) 1.
On a careful consideration of the law
on the subject we are of the view that the Acting Chief Election Commissioner
had acted Coram non judice in exercis- ing his power in this particular case.
Jatiya Party vs Election Commission for Bangladesh (Latifur Rahman C J)(Civil)
2ADC 175