No chance to go to court over constituency demarcation: EC Anwarul

There is no longer any opportunity for an aggrieved party to seek legal remedy in court regarding the final gazette notification on constituency demarcation, Election Commissioner Md Anwarul Islam Sarker said today (7 September).

Citing Section 7 of the Constituency Demarcation Act, he said the law explicitly bars any challenge, "It clearly states that no question shall be raised in any court or before any authority regarding the validity of any constituency demarcation, formation of a regional electoral area, or any action taken by or under the authority of the commission."

He added, "There is no scope for legal challenge."

Last Thursday, the Election Commission (EC) published the final list of demarcations for 300 seats, bringing changes in around 52 constituencies. Gazipur gained one seat while Bagerhat lost one. The upcoming 13th parliamentary election will be held under this demarcation.

While processions of celebration took place in Gazipur over the new demarcation, protests and demonstrations have been reported in several other constituencies.

On this, Commissioner Anwarul Islam said the commission had carried out the demarcation neutrally. "The law requires consideration of administrative integrity, geographic boundaries, and the latest census. We examined the census report and found some inconsistencies and debates. 

"Using the updated voter rolls as of 16 June, we reviewed the voter distribution across the 64 districts, averages and totals, to determine where numbers were excessively high or low. Based on this, we prepared the draft. Objections were heard, and after hearings the matter was finalised."

He added, "To ensure that gaps in the census do not affect the outcome, voter numbers were also taken into account. Changes occurred in 46–50 constituencies."

Answering questions, he said, "We do not yet know who is protesting against the demarcation, why, or what they are trying to say. Regional, political, and local factors are at play. The commission finalised the boundaries with maximum caution, neutrality, and after considering logical objections. There is no opportunity to lodge any case in court against the final list."

Asked what factors were prioritised in the demarcation, he said, "Taking only administrative boundaries causes one type of problem, while ignoring geography causes another. That is why everything was considered together."

Explaining why Gazipur gained a seat while Bagerhat lost one, he said, "The voter numbers were the deciding factor. Gazipur had far more than average, Bagerhat far fewer. The average was 4,20,000. Even with that taken into account, Bagerhat remained below."

"We are not embarrassed. We have tried our best to make it 100% error-free."

On celebrations in some places and protests in others, he said, "In terms of the law, such reactions do not carry any weight."

Reiterating the legal bar, he said again: "No question shall be raised in any court or before any authority regarding the validity of any constituency demarcation, formation of a regional electoral area, or any action taken by or under the authority of the commission."

Speaking to reporters at the Election Commission building, the election commissioner also said the overall voting environment in the country is "100% favourable" for the upcoming national election.

"There is no uncertainty. The commission has not received any information about an unfavourable situation regarding the election," he said.

On party registration, Anwarul Islam said the commission has received almost all reports, and a final decision could be made within a week.

"However, there will still be an opportunity to raise objections to party names at the final stage of the registration process," he added.

He also addressed confusion over the constitution and existing laws, saying the proposed RPO amendment was finalised after being vetted by the law ministry.

"Any conflict with other laws will be resolved through coordination," he said.