The Appellate Division of the Supreme Court has ruled that there is no legal impediment to holding elections in Pabna-1 and Pabna-2 constituencies on 12 February, in accordance with the boundaries stipulated in the Election Commission’s gazette dated 4 September.
The decision was delivered on Thursday (15 January) during a hearing presided over by Chief Justice Zubayer Rahman Chowdhury. Representing the Election Commission (EC) were the Acting Attorney General, Arshadur Rahman, and Additional Attorney General, Anik Ar Hak. Barrister Imran Abdullah Siddiqui appeared on behalf of Jamaat-e-Islami’s candidate, while Barrister H.M. Sanjid Siddiqui represented the Bangladesh Nationalist Party (BNP) candidate.
The hearing followed a High Court verdict delivered on 14 January, which had declared unlawful the EC’s earlier gazette that reallocated four unions and a municipality from Pabna-1 to Pabna-2. The Appellate Division was hearing a “leave to appeal” filed against that High Court decision.
On 13 January, an appeal had been filed with the Appellate Division challenging the EC’s decision to suspend all parliamentary election activities in these two constituencies. The appeal, submitted by Jamaat-e-Islami’s Pabna-1 candidate, Barrister Najibur Rahman Momen, requested that elections and related activities proceed according to the originally scheduled timeline.
Earlier, on 5 January, the Appellate Division had stayed the implementation of a 24 December gazette, which had redrawn the boundaries of Pabna-1 and Pabna-2 constituencies. The stay was to remain in effect until the hearing of the leave to appeal was resolved. The Appellate Division’s recent order now allows the electoral process to resume.
According to the 24 December gazette, the constituencies are defined as follows:
| Constituency | Areas Included |
|---|---|
| Pabna-1 | Santhia Upazila; Bera Municipality; Haturia Nakalia, Noyan Varenga, Chakla, and Kaitola Unions of Bera Upazila |
| Pabna-2 | Sujanagar Upazila; remaining areas of Bera Upazila excluding the aforementioned municipality and unions |
Previously, on 18 December, the High Court had ruled that the transfer of four unions and Bera Municipality from Pabna-1 to Pabna-2 was beyond the legal authority of the EC. The court ordered that both constituencies be restored to their original boundaries and directed the EC to issue a revised gazette within 24 hours. The “leave to appeal” was subsequently filed against this ruling.
Following the Appellate Division’s decision, the Election Commission is now expected to make all necessary arrangements to conduct the Pabna-1 and Pabna-2 elections smoothly on 12 February. Security measures and administrative preparations are reportedly already underway.