The Election Commission (EC) has canceled the candidature of Khandkar and Amin, independent candidates of Noakhali-1 seat due to dual citizenship. EC Deputy Secretary Md. This information was given in a letter signed by Abduch Salam.
It said that his candidature was canceled as per the provisions of Section 91E, Cause (2) of the Representation of the People Order, 1972, as he was a citizen of the United States.
It was informed in the letter that in the writ petition (petition number-16692/2023) filed regarding the complaint of Mr. Khandkar R. Amin, an independent candidate of Noakhali-1 seat in the 12th National Assembly elections, the High Court Division has given instructions to investigate the complaint and submit the report. The truth of the allegation is found after the investigation by giving reasonable opportunity of hearing to the rival candidate.
On December 27, the High Court Division issued a verdict with instructions to the EC to take appropriate legal measures by adopting appropriate legal procedures regarding the candidature of independent candidates Khandkar and Amin in the light of the investigation report. A Civil Miscellaneous Petition (CMP) was filed in the Appellate Division by Khandkar and Amin on behalf of the petitioners against the High Court Division verdict, which was dismissed on Tuesday (January 2) at the end of the hearing.
The letter also states that the candidate is not ineligible to be elected or to be a Member of Parliament in accordance with Article 66(2) of the Constitution of Bangladesh mentioned in Clause 1(b) of Part III of the First Part of the nomination paper filed for the election while retaining the citizenship of the United States of America; and He has been disqualified from being elected or being a Member of Parliament in violation of the provisions of the Conduct of Elections Rules, 2008.
Besides, the EC kindly decided to cancel the candidature of independent candidates Khandkar and Amin in accordance with the provisions of Section 91E of Cause (2) of the Representation of the People Order, 1972 as per the writ petition judgment given by the High Court Division on December 27. In this situation, your (Khandkar and Amin) candidature in Noakhali-1 Constituency in the 12th National Parliament Election has been canceled as per the provisions.
Earlier, the Appellate Division upheld the High Court order given to the Election Commission to cancel the candidature of independent candidate Khandkar Ruhul Amin in Noakhali-1 seat. On Tuesday, the Appellate Bench headed by Chief Justice Obaidul Hasan rejected the appeal of Ruhul Amin.
Khandkar Ruhul Amin became an independent candidate from Noakhali-1 constituency by concealing his US citizenship information. The Election Commission also allotted symbols to him. However, district Awami League vice-president Shafiqur Rahman applied to the Election Commission on December 19 to cancel his candidature on the charge of dual citizenship. He wrote a writ on December 20 without getting a response. In view of the writ, the High Court directed the Special Branch of the Police and the Ministry of External Affairs to verify the matter and give a report. The reports of two agencies found proof of dual citizenship of Khandkar Ruhul Amin. Therefore, the High Court ordered the Election Commission on December 27 to cancel his candidature.