HC upholds EC's decision to cancel candicacies of Faridpur-3, Barishal-4 AL nominees for dual citizenship

The High Court has upheld the Election Commission's ruling to nullify the candidacies of Awami League candidate for Faridpur-3 constituency Shamim Haque and Barishal-4 candidate Shammi Ahmed on the charge of holding dual citizenships.

Shamim Haque 

The HC bench comprising Justice Md Iqbal Kabir and Justice SM Moniruzzaman passed the order on Monday (18 December), following a hearing on a writ filed by Shamim Haque challenging the cancellation.

Senior lawyer Yusuf Hossain Humayun, Advocate Saeed Raza and Advocate Shah Manjurul Haque represented Shamim Haque in court today, while Barrister Mostafizur Rahman Khan and Barrister Tanjib ul Alam stood for independent candidate AK Azad.

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.

This decision echoed a similar instance where the nomination of another Awami League candidate, Shammi Ahmed in Barishal-4 constituency, was canceled due to dual citizenship.

Shammi Ahmed

The High Court has upheld the decision of the Election Commission to cancel the candidature of Shammi Ahmed, the Awami League nominated candidate of Barishal-4 constituency, on account of her dual citizenship.

The High Court bench of Judge Iqbal Kabir and Judge SM Moniruzzaman dismissed the writ challenging the EC's decision on Monday (18 December).

As a result of this order, Shammi Ahmed will not get to contest in the 12th national election.

Previously on 4 December, the Election Commission (EC) cancelled the nomination of Awami League leader Shammi Ahmed for Barishal-4 (Hijla-Mehendiganj) in the upcoming Jatiya Sangsad polls over holding dual citizenship.

At the same time, the EC announced the nomination of Pankaj Nath, the incumbent lawmaker for the seat, as valid on Monday (4 December).

Pankaj on Sunday alleged that Shammi, who is the international affairs secretary of the Awami League, holds the citizenship for both Bangladesh and Australia.

In a similar fashion, Shammi alleged that Pankaj, in his wealth statement, hid his ownership of public transportation Bihanga Paribahan that runs in several routes in Dhaka.

Following the scrutiny of the allegations, Barishal Deputy Commissioner Shahidul Islam, who is also the returning officer for the district, announced the cancellation of Shammi's candidacy at around 3:30pm on Monday (4 December) in the meeting room of the district administration.

He said according to the Representation of the People Order, 1972, an election candidate cannot hold dual citizenship. Hence, Shammi's nomination has been cancelled.

Besides, the nomination of 10 more aspiring national polls candidates have been cancelled while the nomination of 45 candidates have been accepted.

The returning officer said a total of 55 candidates had collected nominations for the Barishal-4 seat.

Pankaj was expelled from the Awami League in September 2022 for violating party discipline after he was allegedly heard telling a police official that he would hack the Hijla municipal mayor.

The AL did not nominate Pankaj this time, instead went with Shammi. Followers of the incumbent MP had claimed that he would not run in the 12th JS polls. But in a surprising move, he submitted his nomination paper for the Barishal-4 seat on 28 November.