Landmark Judicial decisions on election disputes-3

Author Topic: Landmark Judicial decisions on election disputes-3  (Read 1229 times)

Offline abduarif

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Landmark Judicial decisions on election disputes-3
« on: January 04, 2014, 10:30:30 AM »
Voters have a right to know about the candidates

In the judgment of Abdul Momen Chowdhury v Election Commission (2005), the court held that at the heart of parliamentary system is free and fair election; when parliament has made valid laws  related to election, the election commission shall act in conformity with the law, but where there is no law, article 119 which confers on the election commission the responsibility of supervising and controlling the conduct of elections is a reservoir of power to act for the avowed purpose of holding free and fair election.

In order that the voters have a free choice, the must be provided with the material information about the candidates. The court further held that the voters have a right to know about the candidates and such right is included in the right to franchise.

Therefore, the High Court Division of Bangladesh held that the election commission may direct candidates for parliamentary elections to submit the following eight kinds of information:

a)            Academic qualification with certificate from board or university, if possess any qualification

b)            Whether he is accused in any criminal case at present

c)            Whether there was any past record of criminal case and the result

d)            Profession / occupation

e)            Source or sources of income

f)             Whether he was a parliament member earlier and the role he played individually and collectively in fulfilling the commitment to the people

g)            Description of assets and liabilities of the candidate and dependent of the candidate

h)            Particulars and amount of loan taken from bank or financial institutions deals with public money personally, jointly or by dependent or loan taken by the company from bank where the candidate is chairman, or managing director or director etc.

Source: http://www.dhakatribune.com/law-amp-rights/2014/jan/02/landmark-judicial-decisions-election-disputes#sthash.yTLJowX3.dpuf
Abdullah Al Arif
Lecturer
Department of Law
Daffodil International University
Dhaka, Bangladesh

Offline farzanamili

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Re: Landmark Judicial decisions on election disputes-3
« Reply #1 on: January 18, 2014, 11:14:35 AM »
@Arif Sir, the following line draw my attention:
    Academic qualification with certificate from board or university, if possess any qualification

Why 'if', why qualification should not be directed as 'Must' requirement!
Mirza Farzana Iqbal Chowdhury
Senior Lecturer
Department of Law
Daffodil International University.

Offline abduarif

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Re: Landmark Judicial decisions on election disputes-3
« Reply #2 on: January 18, 2014, 04:26:17 PM »
Dear Ma'am, it it still a must. However, if anybody doesn't have any qualification, he/she can not write anything on that particular place, rather they will have to keep the space blank. That will show that the incumbent does not possess any qualification.
Abdullah Al Arif
Lecturer
Department of Law
Daffodil International University
Dhaka, Bangladesh

Offline Ferdousi Begum

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Re: Landmark Judicial decisions on election disputes-3
« Reply #3 on: January 18, 2014, 06:35:07 PM »
Cause, sometimes people like politicians are self-educated but not certified, that's why...  :(

Offline safiullah

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Re: Landmark Judicial decisions on election disputes-3
« Reply #4 on: March 18, 2014, 04:11:06 PM »
But it is matter of regret that Election Commission is not disclosing the information of the candidate, rather they are acting as as agent of the corrupted lawmaker............     

Offline abduarif

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Re: Landmark Judicial decisions on election disputes-3
« Reply #5 on: March 20, 2014, 03:12:57 PM »
Right, Election Commission should be an independent body free from all political influence.
Abdullah Al Arif
Lecturer
Department of Law
Daffodil International University
Dhaka, Bangladesh