HC issues rule questioning polls law requiring alliance candidates to run under own party symbols

The High Court has issued a rule asking why the relevant provision of the Representation of the People Order (RPO), which requires candidates in an electoral alliance to contest under their respective party symbols, should not be declared illegal in the upcoming national election.

After hearing the writ petition, the High Court bench of Justice Fatema Najib and Justice Fatema Anwar issued the rule yesterday (30 November). The Election Commission and other relevant parties have been asked to respond within 10 days.

Senior lawyer Ahsanul Karim appeared for the writ in court, assisted by Barrister Shahedul Azam.

Earlier, on 26 November, a writ was filed challenging the provision that even if political parties form an alliance for the upcoming national election, candidates must still contest under their own party symbols.

The petition seeks cancellation of the amended RPO provision that requires each registered party within an alliance to run under its own symbol. The writ was filed by Mominul Amin, secretary general of the National Democratic Movement (NDM) led by Bobby Hajjaj.

Previously, on 3 November, the government issued an ordinance amending the RPO to include the provision that even if multiple registered parties form an alliance, their candidates must contest under their respective symbols.

Earlier, if a party contested an election as part of an alliance, its candidates could run under the symbol of any partner within that alliance. On 23 October, the advisory council granted in-principle approval to the draft of the amended RPO ordinance.

The BNP, one of the country's major political parties, objected to the provision requiring alliance candidates to run under their own symbols. The party submitted its objections in writing to the Election Commission and the law ministry. Several smaller parties interested in joining alliances also expressed discomfort with the government's decision.

Writ petitioner is trying to use court for political gain: NCP

The National Citizen Party (NCP) has accused the writ petitioner in a High Court case of attempting to use the judiciary for political gain.

According to a press release, NCP claimed that it was "mysterious" that, despite the law being challenged, the Attorney General's Office did not place any submission on behalf of the Ministry of Law.

The allegation came after the High Court issued a rule asking why the provision allowing registered political parties to contest elections using their own symbols should not be declared lawful.

Opposing the rule, NCP representatives, including Law Secretary Advocate Zahirul Islam Musa, National Lawyers Alliance Central Convener SM Azmal Hossain Bacchu, Joint Member Secretary Nazmus Sakib and Chief Organiser Shakil Ahmad, argued that the petitioner is acting with ill intent.

According to the NCP, the writ petitioner aims to delay the national election and obstruct the reform process that emerged following the July uprising. Party representatives said such attempts could send a negative message to the public.