Loan defaulters cannot have legal rights to contest polls: HC
During the hearing of a writ petition, a High Court bench on Thursday observed that the loan defaulters cannot have the legal rights to contest in elections.
The High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman said, “Those who want to contest any election even after being loan defaulter and again go to the court after being unable to do that cannot have the legal rights.”
Law is equally applicable to everyone and we cannot give a wrong interpretation of the law for an individual, the HC bench also observed.
Mohiuddin Siddique, a candidate for the post of union Parishad member in Sonaichori union under Chattogram's Sitakunda uapzila, recently submitted the petition challenging the legality of a decision of the district’s election office that on October 25 cancelled his nomination paper for being a loan defaulter.
The election of Sonaichori UP is scheduled to be held on November 11.
Lawyer Rezaul Hossain Morshed appeared in the court on behalf of Mohiuddin, while deputy attorney general Bepul Bagmar represented the state.
During the hearing, Rezaul Hossain Morshed told the court that his client cannot take part in the election and his constitutional rights are being violated.
The High Court then said, “Those who want to contest any election even after being loan defaulter and again go to the court after being unable to do that cannot have the legal rights. The petitioner could have paid off the loan if he is very keen to contest the polls.”
The HC bench also dropped the petition from the cause-list which means cancellation of Mohiuddin Siddique’s nomination will remain in force.
The district election office in Chattorgram said the nomination paper submitted by Mr Mohiuddin Sidduque is not acceptable as he is a loan defaulter of One Bank’s Chattogram EPZ branch. The election appellate authorities also upheld the decision.
Then Mohiuddin Siddique came to the High Court and filed a writ petition challenging the district election office decision.