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Holding of two offices by CEC
HC to hear rule on March 21
3/1/2006
The High Court (HC) fixed Tuesday March 21 for hearing the rule over simultaneously holding offices of the Appellate Division judge and Chief Election Commissioner (CEC) by Justice MA Aziz, reports BDNEWS.
Upon a prayer of the writ petitioner to fix a date for hearing the rule, a division bench of the HC comprising Justice Awlad Ali and Justice Zinat Ara fixed the date for hearing the rule.
The court also asked the government to file submissions through affidavit, if they have any, by this time.
A HC bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Mainul Islam Chowdhury, on June 18, 2005, issued the rule upon Justice MA Aziz and the government to show cause as to why holding the office of judge of the Appellate Division and office of the CEC by Justice MA Aziz should not be declared illegal and without lawful authority.
The bench has been reconstituted before hearing of the rule.
Three Supreme Court (SC) lawyers -- Ruhul Quddus Babu, Abdul Mannan Khan and Nazneen Nahar Dipu -- filed the writ petition as a public interest litigation (PIL) seeking issuance of a rule under what authority Justice MA Aziz is holding offices of the judge of the Appellate Division and the CEC, both constitutional posts.
CEC, secretary to the ministry of law, justice and parliamentary affairs, registrar of the SC and the election commission (EC) had been made respondents in the rule.
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