Appellate Division declares Shamim Haque's candidacy valid in Faridpur-3 constituency

The Chamber Court of the Appellate Division suspended the High Court's order canceling the candidacy of Awami League's nominated candidate Shamim Haque in Faridpur-3 constituency on account of having dual citizenship.

At the same time, the court ordered to give him the opportunity to participate in the election.

Chamber court judge of the Appellate Division Justice M Enayetur Rahim on Tuesday (19 December) declared the nomination valid after hearing on Shamim Haque's application seeking suspension of the High Court's order.

Earlier, on Monday (18 December), the High Court upheld the Election Commission's ruling to cancel the candidacy of Awami League candidate for Faridpur-3 constituency Shamim Haque on the charge of holding dual citizenships.

Prominent businessman and Faridpur district Awami League advisor AK Azad is contesting in this seat as an independent candidate.

Earlier, Independent candidate for Faridpur-3 constituency AK Azad lodged an appeal with the Election Commissio seeking the cancellation of Awami League candidate Shamim Haque's candidacy for the seat, alleging that Haque holds Netherlands' citizenship.

Azad's lawyer, Golam Kibria, submitted the appeal on behalf of him, on Friday (8 December).

Golam Kibria said, "Azad had previously filed a written complaint during the nomination selection process, providing information about Shamim Haque's dual citizenship. However, the returning officer validated Haque's nomination paper instead of nullifying it. The appeal has been filed challenges the decision."

Kibria presented evidence to the returning officer, including a photocopy of Shamim Haque's Netherlands passport, asserting that, according to Article 66(2) of the constitution and Article 12(1)(6) of the Representation of the People Order, 1972, Haque is ineligible to run for the position of Member of Parliament due to his foreign citizenship.

Kibria argued that Haque's failure to disclose this information in the affidavit under Section 12(2)(a) of the Representation of the People Order renders his declaration false and warrants the cancellation of his nomination.

Article 66(2)(c) of the constitution specifies that no person can be elected and remain a Member of Parliament if they acquire the citizenship of a foreign state or declare allegiance to a foreign state. A similar provision is included in Article 12(1)(6) of the Representation of the People Order.

Chief Election Commissioner CEC Kazi Habibul Awal presided over the commission that nullified Shamim Haque's candidature on 15 December following the appeal hearing.

Meanwhile, the Appellate Division rejected another Awami League candidate of Barishal-4 constituency Shammi Ahmed's appeal in a similar instance where her nomination was canceled due to dual citizenship.