September 23, 2021


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Legal notice to postpone by-election of Sylhet-3 constituency

Legal notice has been sent to postpone the by-election of Sylhet-3 constituency. The Election Commission is going to hold the election on July 26 (Wednesday) amid strict restrictions on the prevention of coronavirus infection. Advocate Mohammad Shishir Monir on behalf of the five Supreme Court lawyers sent the notice to the Chief Election Commissioner on Sunday (July 25th). Advocate Md. Sent the notice. Mujahidul Islam, Al-Reza said. Amir, Md. Jobaidur Rahman, Md. Zahirul Islam and Mustafizur Rahman. 

In the notice addressed to the Chief Election Commissioner, it has been said that your statement regarding the by-election to be held on July 28 in Sylhet-3 parliamentary constituency has been published in the media report on July 25. You have said that it is not possible to postpone the election even in the ongoing lockdown due to constitutional obligation.

According to the notice, according to Article 4 of the Constitution of Bangladesh, the deadline for holding the Sylhet by-election is September 6, 2021. Therefore, the by-election to be held on July 26 cannot be postponed – this statement is not the correct interpretation of the law. The Election Commission of Bangladesh should not hold elections during lockdowns due to the ongoing coronavirus outbreak and set polling day any other time between September 6. This election of 3 lakh 52 thousand voters is also against the current lockdown policy of the government. Therefore, there is no constitutional obligation to hold elections by July 28. Therefore, considering the increase in coronavirus infection, I request to postpone the polling in Sylhet-3 constituency to be held on July 26.