HC Order

Voter listing halted in 4 Nilphamari ex-enclaves

Our Correspond, Nilphamari

Complying with a High Court (HC) order the Election Commission (EC) on Sunday suspended voter registration and work for preparation of national identity cards in all four former enclaves under Nilphamari district.

After the enclaves were swapped in 2015, the four ex-enclaves--Boro Khanki, Boro Khanki Khariza Gidaldaha, Boro Khanki Khariza and Nagor Zikabari--once part of Mekliganj district in the India state of Pashchimbanga, were merged with Dimpla upazila of Nilphamari.

The commission has started voter listings in all former 111 Indian enclaves under Kurigram, Lalmonirhat, Panchagarh and Nilphamari districts from July 10.

On December 3, 2016, the local government ministry published a gazette (Annexure-K-1) delimitating the areas with surrounding unions under respective upazilas.

According to the gazette, Boro Khanki (former chhit No-28) was merged with Gayabari union under Dimla upazila.

Challenging the gazette Rabiul Islam, chairman of Khagakharibari union parishad under the upazila, filed a writ petition to the HC bench of Bangladesh Supreme Court claiming the enclave as an integral part of his union which was mistakenly merged with adjacent Gayabari union in the gazette.

Ministry of local government, Nilphamari deputy commissioner (DC), Dimla upazila nirbahi officer (UNO) and chief election commissioner were made the respondents of the petition.

Responding to the petition, a HC bench comprising of Justice Syed Muhammad Dastagir Husain and Justice AKM Shahidul Huq issued a Rule Nisi on March 9 asking the respondents to show-cause why the relevant part of the gazette should not be declared as illegal.

The HC bench also issued a stay order on the relevant part of the gazette for three months which was later extended on May 25 for further six months.

After the listings started on July 10, Rabiul Islam sent a letter to the Election Commission informing them of the HC stay-order.