The High Court has now become the final avenue for candidates seeking to regain their candidacy under election law, as last-minute court orders restoring nominations are not uncommon in Bangladesh's electoral history.
With only 22 days remaining before the 13th Jatiya Sangsad election and the referendum, the Election Commission (EC) has completed the most critical and closely watched phase of the electoral process-the nine-day appeal hearings on rejected nomination papers. Of the 723 candidates whose nominations were cancelled during the initial scrutiny by returning officers, 645 filed appeals with the EC. Following hearings that concluded on Sunday, the commission reinstated 418 candidates, allowing them to rejoin the race, while 227 aspirants were eliminated at this stage.
Election analysts say the candidates whose appeals were rejected now have two options filing writ petitions with the High Court or withdrawing from the race altogether. However, due to the limited time before polling, high legal costs and the uncertainty of court outcomes, not all affected candidates are expected to pursue litigation.
According to EC sources, more than 2,500 nomination papers were submitted nationwide by the December 29 deadline. During scrutiny conducted by returning officers from December 30 to January 4, a total of 1,842 candidates were declared valid across the country's 300 constituencies, while 723 nominations were rejected. Among those rejected, 645 appealed to the EC. After hearings held from January 10 to January 19, the commission accepted 418 appeals, raising the total number of valid candidates to 2,253. However, 227 candidates failed to secure relief, either because their appeals were dismissed or they were unsuccessful during the hearings, effectively removing them from the race at this stage.
The appeal hearings produced mixed outcomes for several high-profile candidates. BNP candidate Kazi Shah Mofazzal Hossain Kaikobad regained his candidacy in Cumilla-3 after the EC upheld his nomination. His case, involving allegations of dual citizenship, had remained pending following Sunday's hearing, but the commission declared his nomination valid on January 19.
Former minister Latif Siddique and several independent candidates also returned to the race through successful appeals.
In contrast, a number of well-known figures failed to secure reinstatement, including four-time MP Manzurul Ahsan Munshi from Cumilla-4 and Jamaat-e-Islami candidate AKM Fazlul Haque from Chattogram-9. Several prominent leaders from the BNP and the Jatiya Party also lost their final bid at the EC level and were pushed out of the race.
Under the Representation of the People Order (RPO), a candidate whose nomination is rejected by a returning officer may first appeal to the Election Commission. If dissatisfied with the EC's decision, the aspirant may then file a writ petition with the High Court Division, which may suspend the EC's decision or direct that the candidate be allowed to contest the election. Upon receiving such an order, the EC is legally bound to implement it. However, the compressed election schedule often makes it difficult to obtain verdicts before ballot papers are printed, creating logistical challenges.
Bangladesh's electoral history shows that last-minute court orders restoring candidacy are not uncommon. In the 2008 ninth parliamentary election, former minister Mohiuddin Khan Alamgir regained his candidacy following a High Court order shortly before polling. Similar situations occurred during the 2018 11th parliamentary election, when several candidates from both ruling and opposition parties returned to the race five to ten days before voting, and in some cases even after ballot papers had already been printed. Such late rulings have previously forced the EC to deal with administrative and legal complications.
As polling day approaches, the EC is moving to finalise the candidate list, print ballot papers, allocate symbols, distribute ballots to polling centres and complete training for election officials. If candidates are reinstated by court orders at this advanced stage, the commission may have to reprint ballots or add supplementary ones, issue special instructions where reprinting is not possible, and undertake fresh publicity to inform voters about new candidates and symbols. These measures increase election costs and can disrupt the overall schedule.
Former EC additional secretary and election analyst Jasmin Tuli said that while regaining candidacy a few days before polling is legally permissible, it creates serious challenges for election management. She noted that such situations do not compromise the EC's neutrality but place pressure on its preparedness and efficiency, particularly in ensuring a level playing field and equal dissemination of information to voters. She added that unless timelines for nomination submission and appeal disposal are pushed further back, such complications are likely to persist in future elections.
According to the EC's announced schedule, January 20 is the final day for withdrawal of candidacy, January 21 will see the publication of the final list of candidates along with symbol allocation, and nationwide election campaigning will begin on January 22. How many rejected aspirants ultimately return to the race through court orders-and how many remain permanently out-will become clearer in the days leading up to polling day.
