Will polls be postponed in constituencies where Khaleda Zia sought nomination?

Former prime minister and BNP chairperson Khaleda Zia passed away at six in the morning on Tuesday while undergoing treatment at Evercare Hospital in the capital. Before her death, she had submitted applications to contest the upcoming 13th parliamentary election from three constituencies, Dinajpur-3 Sadar, Feni-1 Parshuram, Fulgazi and Chhagalnaiya, and Bogura-7 Gabtali.

Her death has sparked discussions over whether elections in these constituencies will be postponed under existing election laws.

According to Article 17(1) of the Representation of the People Order, 1972, if a validly nominated candidate dies before withdrawing candidature, the returning officer must cancel all election activities in that constituency through a public notice. In such cases, a fresh election process is to be initiated as if it were a new election, though rival candidates are not required to resubmit nomination papers or deposits.

However, although the deadline for submitting nomination papers ended on December 29, the Election Commission has not yet published the final list of valid candidates.

Election Commissioner Abdur Rahmanel Masud said the law applies only when a valid candidate passes away. “In this case, there will be no impact on the current election schedule, as she was not declared a valid or final candidate. BNP has also nominated alternative candidates in those constituencies considering her condition,” he said.

Supreme Court lawyer Barrister Omar Faruk echoed the view, stating that elections are postponed only if a valid candidate dies after the publication of the final list. “Since the final candidate list was not published before her death, there is no legal requirement to suspend polls in those constituencies,” he said.

BNP has already submitted nomination papers for alternative candidates in all three seats, including Syed Jahangir Alam in Dinajpur-3, Munshi Rafiqul Alam in Feni-1 and Morshed Milton in Bogura-7.