General Election Nomination in Bangladesh: What to Do If a Nomination Paper Is Cancelled
The democratic process in Bangladesh is primarily reliant on candidate nomination, which is a critical stage in ensuring fair and free elections. However, the Returning Officer has the authority to revoke nomination papers in some cases. Individuals affected by such decisions must understand the procedure and possible remedies under the Bangladesh Election Commission.
Cancellation of Election Nomination Papers
The Representation of the People Order, 1972, specifies the grounds for rejecting nomination papers. Importantly, the rejection of one nomination paper does not render other acceptable nominations illegitimate. The Returning Officer is not permitted to reject a nomination on insignificant grounds and may allow for speedy correction of flaws. Furthermore, the correctness or legitimacy of electoral roll entries is not susceptible to scrutiny.
The Returning Officer is critical to the scrutiny process. Following a study of the nomination papers, the officer makes a decision, accepting or rejecting the nomination. It is critical to understand that a nomination’s rejection can be appealed.
What should be done in the case of a cancelled nomination paper?
In the case that a candidate’s nomination paper is canceled in Bangladesh, he or she should immediately appeal the decision to the Election Commission within three days, following a precise protocol detailed in a memorandum that includes grounds for appeal and a certified copy of the rejection order. Seeking legal counsel from knowledgeable specialists, such as Tahmidur Rahman Remura Wahid , can help people understand complexities, identify specific grounds, and prepare a strong petition for fair consideration.
Procedure for Filing an Election Commission Appeal
When a nomination document is rejected, the candidate receives an official notification stating the grounds for the rejection. The first step in preparing an appeal is to understand these grounds.
Timeframe for Filing an Appeal:
If a candidate is unsatisfied with the Returning Officer’s judgment while picking nomination papers under clause (5) of section 14, he or she must file an appeal within three (three) days following the selection.
permitted Appellant: The candidate may file the appeal individually or through any person permitted in writing to do so.
Making an Appeal:
Prepare a memorandum appeal with the following information:
- The date on which the nomination paper was accepted or rejected.
- A declaration outlining the reasons for the appeal.
- Please include a certified copy of the contested order.
- Presentation to the Commission: By addressing the Commission, you can file an appeal with the Secretary of the Commission Secretariat.
- Document Copies and Memorandum: Submit five copies of the appeal, including one original copy submitted as a memorandum.
The Election Commission may decide the appeal summarily or in any other way it sees suitable.
Candidate List Amendment: If the appeal is approved, the Commission will update the list of legitimately nominated candidates by order.
FAQ about General Election Nomination in Bangladesh
- In Bangladesh elections, what are the grounds for rejecting nomination papers?
The Representation of the People Order, 1972, specifies the grounds for rejecting nomination papers, emphasizing substantial grounds and prohibiting rejection on non-substantive grounds.
- How does the candidate nomination process include scrutiny?
The Returning Officer is critical in reviewing nomination paperwork and making acceptance or rejection decisions. Nominations that have been rejected can be appealed.
- What is the deadline for filing an appeal if a nomination document is rejected?
Candidates who are unhappy with a Returning Officer’s decision must file an appeal within three days of their nomination being rejected.
- Who has the authority to file an appeal on behalf of a candidate whose candidacy has been rejected?
The candidate may file the appeal directly or through anybody approved in writing.
- What information should be included in the Election Commission’s appeal memorandum?
The appeal memorandum should include the date the nomination document was accepted or rejected, a statement outlining the grounds for the appeal, and a certified copy of the impugned ruling.
- What does the Election Commission do after receiving an appeal?
The Election Commission considers and resolves the appeal summarily or in any manner it deems appropriate, with the possibility of amending the list of legitimately nominated candidates if the appeal is approved.
- How may legal assistance be obtained in Bangladesh if the nomination paper is rejected?
Individuals experiencing nomination document rejection can seek legal advice from Law Firm in Bangladesh (lawfirm.com.bd), a major law chamber in Mohakhali, Dhaka, which will help them comprehend the complexities of the rejection and prepare a solid appeal.