Gazetting of MP delayed amid legal challenge, EC awaits High Court decision

The Election Commission (EC) has announced that Nusrat Tabassum, a nominee for a women's reserved seat representing the Jamaat-e-Islami-led 11-party alliance, will not be gazetted as a Member of Parliament today. This unexpected delay, despite her nomination being declared valid, stems from procedural considerations and a significant legal challenge.

“

The EC said the gazette may be issued tomorrow, subject to legal developments.

The EC explained that the gazette notification might be issued tomorrow, but this is subject to legal developments. Election Commissioner Abdur Rahmanel Masud highlighted that the delay is due to standard procedural requirements, including time for appeals and withdrawals after a nomination is validated. Crucially, a writ petition filed by Monira Sharmin, a leader of the National Citizen Party (NCP), is also under active consideration by the commission.

“

The delay was due to procedural requirements, including time for appeals and withdrawal after a nomination is declared valid.

Masud elaborated that the EC is closely monitoring the writ petition. "If the court issues a rule, we will have to take a new decision," he stated, emphasizing the court's ultimate authority. He further noted that if the seat is allocated to Nusrat and the court later rules in favor of Monira, the EC would be compelled to reconsider. In such a scenario, Nusrat's membership could be cancelled, potentially leading to a re-evaluation of the seat's allocation, possibly through a vote within the Jamaat alliance.

“

We are keeping that in view as well. So, it cannot be said for certain that the gazette will be published tomorrow. It depends entirely on the court. If the court issues a rule, we will have to take a new decision.

Adding to the complexity, Monira Sharmin has formally requested the EC not to publish Nusrat's gazette until the High Court hears her writ petition tomorrow. This petition challenges the cancellation of her own candidacy. The situation underscores the delicate legal and procedural tightrope the EC must walk, balancing election regulations with judicial oversight. For us at the Daily Star, this situation highlights the intricate processes governing reserved seats and the potential for legal challenges to significantly impact parliamentary representation, a matter of keen interest to our readers concerned with electoral fairness and due process.

“

Of course it will be cancelled. That would mean there are two candidates. Then we can decide between them, or it may go to a vote. The Jamaat alliance would vote to select the candidate.