Candidates have to submit affidavit in UP elections too: HC
The court made the observation in the verdict on declaring the candidature of a UP chairman candidate in Chattogram
The High Court has observed that from now the candidates of Union Parishad (UP) elections will have to file an affidavit containing seven facts.
An HC bench of Justice Farah Mahbub and Justice Ahmed Sohel made the observation on Thursday in the verdict on declaring the candidacy of a UP chairman candidate of Fatikchari in Chattogram.
Barrister Hasan MS Azim and Advocate Md Zaheed ul Anwar were present in the court on behalf of the writ.
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Lawyer Md Zaheed ul Anwar said that he filed a writ against the cancellation of the nomination papers of chairman candidate Farukul Azam in Baktpur UP elections of Fatikchari on 27 October 2021. After hearing the writ, the HC declared his nomination paper valid on 31 October that year and ordered the allocation of the symbol.
Another candidate appealed against the order. After the hearing, the Appellate Division suspended the HC order. At the same time, the court suspended the issuance of the UP election gazette. Later, the Appellate Division sent the ruling to the HC for disposal on 6 March, he added.
In that continuation, after the final hearing on this issue on Thursday, the rule declared the candidacy of Farukul Azam as valid. At the same time, the court ordered authorities concerned to hold polls for the post of chairman in that union.
Observing the verdict, the HC said that in other elections, there is a provision to give an affidavit containing seven facts along with the nomination paper. But affidavits are not given in UP elections. Although 26(3) of the Union Parishad Act 2009 asks for an affidavit, it is only mentioned submitting a certificate, not an affidavit in the UP election rules of 2010.
The HC said that since the law will prevail over the rules, candidates will have to file an affidavit in the case of UP elections as well.
From now onwards, affidavit information must be submitted in a separate form in all UP elections. The Election Commission has been asked to take necessary measures in this regard.
