Defeated candidates of the Jatiya Oikyafront across the country have been filing cases with the Election Tribunal of the High Court one after another as part of the alliance's new tactic to dub the 11th Parliamentary polls controversial, party
insiders said.
A good number of leaders of the Oikyafront including BNP admitted it clearly that they are not hopeful about winning the legal battle but were filing the cases just to put on the state's record of the rigging allegations they had been raising since beginning of electioneering.
The candidates of the opposition alliance filed at least 74 cases till Thursday and many others are getting ready to lodge more cases next week. A candidate can file a case over election controversies within 30 working days of publishing of the gazette. Chief Justice Syed Mahmud Hossain has already constituted six single judge benches to dispose of the cases over election disputes.
Ganoforum Executive President Advocate Subrata Chowdhury, who is also a top ranking leader of Oikyafront with BNP as its key ally, was the first man to file a case one week ago raising allegations of violence and rigging in his electoral constituency. Another Ganoforum candidate Mofizul Islam followed Subrata in filing rigging allegations with the HC.
"The people have seen everything. They know what Awami League has done in the name of an election. Now we want the things to be recorded officially," Subrata told the Daily Observer.
He, however, sees hardly any possibility to win the legal battle and get the chance to go to the parliament, citing the precedence of such cases. Most of the election related cases in the past were lost in the midway, as tenures of the parliament ended before disposal of such cases.
Those filed the petitions include Subrata Chowdhury (Dhaka-6), Mofizul Islam Khan Kamal (Manikganj-3), Major General (retd) AASM Amin (Kurigram-2), Abdul Momen Chowdhury (Chattogram-15), Saiful Islam Firoz ( Jhenidah-4), Abul Kalam Azad Siddiqui (Tangail-7), Joynul Abedin (Barishal-3), Romana Mahmud (Sirajganj-2), Zahir Uddin Swapan (Barishal-1), Shah Reazul Hannan (Gazipur-4), Naser Rahman (Moulvibazar-3), Abdul Hai (Munshiganj-3), Hafiz Ibrahim (Bhola-2), Ruhul Amin Dulal (Pirojpur-3), Dr Dewan Mohammad Salahuddin (Dhaka-19), Hafiz Uddin Ahmed (Bhola-3), Tajvir-ul-Alam (Kurigram-3), Md Saiful Islam (Rangpur-6), Md Sadeque Reaz (Dinajpur-2), Mostafa Mohsin Montu (Dhaka-7), Nazrul Islam Azad (Narayanganj-2, Moinul Islam Khan Shanta (Manikgnaj-2), Irfan Ibne Aman Omi (Dhaka-2), Nabiullah Nabi (Dhaka-5), Ashraf Uddin (Narsingdi-5), Md Amirul Islam Khan (Sirajganj-5), Shahidul Islam (Tangail-1), Farhad Hossain Azad (Panchagarh-2), Md Hasan Razib Pradhan (Lalmonirhat-1), Mahmudul Islam Chowdhury (Chattogram-16), Md Akhteruzzan Mia (Dinajpur-4), Md Shahjahan Mia (Chapainawabganj-1), Mizanur Rahman (Sunamganj-5), Md GK Gaus (Habiganj-3), Mujibur Rahman Chowdhury (Moulvibazar-4) Faruk Alam Sarker (Gaibandha-5), Shafi Ahmed Chowdhury (Sylhet-3), Md Anwarul Haque (Netrakona-2), Shah Md Wares Ali (Jamalpur-5), Nitai Roy Chowdhury (Magura-2), Aninda Islam Amit (Jashore-3), Md Abu Sufian (Chattogram-8), Masud Arun (Meherpur-1), Amin Ur Rashid (Cumilla-6), AM Mahbub Uddin Khokon (Noakhali-1), Shahidul Islam Bhuiyan (Khagrachhari), Sabbir Ahmed (Rangpur-3), Munshi Rafiqul Alam (Feni-1), Joynul Abedin Farroque (Noakhali-2), Saching Pru (Bandarban), Sheikh Farid Ahmed Manik (Chandpur-3), Abul Khayer Bhuiyan (Laxmipur-2), Zakir Hossain Sarker (Kushtia-3), Rafiqul Islam (Khulna-3), Shama Obaed Islam (Faridpur-2), Anisur Rahman (Madaripur-3), Azizul Bari Helal (Khulna-4), Shah Md Abu Zafar (Faridpur-1), Md Sharifuzzaman (Chuadanga-1), Habibul Islam Habib (Satkhira-1) and Ali Newaz Md Khaiyam (Rajbari-1).
BNP leaders said that they have been filing the cases as per the decision of the party's central command. The cases of the individual candidates will also be conducted by a panel of lawyers set by the BNP high command.
The BNP as well as Oikyafront candidates have been alleging irregularities in the December 30 elections and seeking the court's order to arrange fresh elections declaring the last election invalid.
BNP lawyer Ruhul Quddus Talukder told this correspondent that they have enough evidences to prove that the election was a total farce.
There are only two instances of getting seats in the parliament by court order since the country's independence in 1971. NAP leader Suranjit Sengupta won an election dispute in 1973 and got the chance to swear in as a parliamentarian.
BNP leader Mahmudul Hasan won another legal battle after being defeated in December 29, 2008 elections from Tangail-5 and got his seat in the House.
Suranjit's parliamentary post got stuck in a tangle in another election on 1979, when he won by only four votes against his rival Golam Jilani Chowdhury of BNP. Golam Zilani filed a case in the regional election tribunal and won.
"Suranjit challenged the Tribunal's decision with the High Court. But before any hearing in the High Court, Golam Jialni could pursue the Election Commission to publish a gazette declaring him winner in the election overnight. He also took oath of the parliament the same day. As a result Suranjit's case in the High Court became useless," Subrata Chowdhury said.
However, Golam Zillani could not join the parliament as the then army chief HM Ershad took over the state's power removing the then President Justice Abdus Sattar and announced the parliament to be dissolved.
BNP leader Hafizuddin won the legal battle in Bhola-3 constituency during the tenure of the Ninth Parliament. But he could not get the chance to go to parliament as he was defeated in the fresh election arranged there.
Jamaat leader Delwar Hossain Sayedee was declared winner from Pirozpur-1 during the eighth parliamentary election. His opponent Sudhangsu Shekhar Halder challenged the election result in the Election Tribunal and won. But Sayedee managed to continue to remain in the House as a parliamentarian by filling an appeal with the High Court. The five-year tenure of the parliament ended before disposal of the case in the High Court.
Same was the case for Mohiuddin Khan Alamgir of Chandpur-4, who was defeated in the case in the Election Tribunal but remained in the eighth parliament for its full tenure by filing an appeal with the HC and delaying the disposal of the case.
Abdus Salam (Awami League) of Myamensingh-9, Shafiqul Azam Khan (AL) of Jhenidah-3, Kabirul Huq (AL's rebel candidate) of Narail-1, Mejbah Uddin Farhad (BNP) of Barishal-4, ABM Ruhul Amin Hawaladar (Jatiya Party) of Barishal-6 and Nasrin Jahan Ratna of women's reserved seat 42 continued to remain in the ninth parliament for the full term as the cases against them remained unresolved.
Two out of 14 cases over election disputes during the 10th parliament were summarily rejected. Fates of rest 12 cases are still unknown.
Oikyfront leader Zafarullah Chowdhury was frank to express his pessimism over the result of the case he filed. "We know it well that will not get any benefit from the case. But we are filing the case, so that they cannot claim that we did not file any case over the election irregularities."
Transparency International Bangladesh's Executive Director Dr Iftekharuzzaman said, "The court should ensure speedy trial of the cases so that the justice seekers do not become frustrated."
