Election petition process in Bangladesh: the full journey, step by step

by Barrister Tahmidur Rahman | Oct 23, 2026

Case Journeys/Constitutional

Election petition process in Bangladesh: the full journey, step by step

The election petition process in Bangladesh is the only way to challenge the result of a parliamentary election: a defeated candidate presents a petition to the High Court Division, sitting as the election court, under Chapter V of the Representation of the People Order 1972.

The petition is tried like a civil suit, the High Court Division can void the election or declare another candidate elected, and an appeal lies to the Appellate Division only with leave. Union Parishad, Pourashava and City Corporation disputes go instead to Election Tribunals of judicial officers.

Step through it on the page
Test whether a legal ground exists
▶Play full screen16 steps · 6 what-ifs · 7 courts & offices
Where it starts
High Court Division (single bench assigned by the Chief Justice to hear election petitions, often called the Election…
Main law
Article 125 of the Constitution; Representation of the People Order 1972 (Arts 39, 42, 49-72); Code of Civil Procedure 1908…
Typical duration
6-18 months in the High Court Division (the law asks for 6 months), plus 6-18 months if leave and appeal go to the…
Who can file
Only a candidate at that election (Art 49(1) RPO). Voters, parties and civil-society groups cannot present an election…
Interactive journey · 16 steps

Election petition process in Bangladesh: walk through every stage

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  1. Election petition process in Bangladesh: step 1, Test whether a legal ground exists
    Step 1 · Before filing

    Test whether a legal ground exists

    The election petition process in Bangladesh begins with a hard look at the evidence. The defeated candidate meets an advocate to test the complaint against the grounds the law actually recognises. Article 63 RPO allows the returned candidate's election to be voided for an invalid nomination, lack of qualification or disqualification on nomination day, corrupt or illegal practice by the candidate or election agent, or overspending beyond the Article 44B(3) limit. Article 65 voids the whole election if non-compliance with the Order or extensive corrupt practice materially affected the result.

    A general grievance that the poll was unfair is not enough: the lawyer needs specific facts, names, dates and polling centres.

    Where: Advocate's chamber · Time: 1-7 days · Law: Art 125(b) Constitution; Arts 49(1), 63, 65 RPO 1972 · Documents: Candidate's own nomination papers, Notes of incidents by centre, Agents' reports

    Tip: Only a candidate can petition. If you were not a candidate, no election petition is open to you.

  2. Election petition process in Bangladesh: step 2, Collect certified election records
    Step 2 · Before filing

    Collect certified election records

    The candidate or election agent applies to the Returning Officer for attested copies of the consolidated result statement and the return of election, which Article 40 requires the Returning Officer to supply. Other retained packets, such as counterfoils, marked electoral rolls and the ballot paper account, are open to inspection and copying on payment of the prescribed fee under Article 43. The ballot papers themselves are not open to public inspection.

    They stay sealed with the Returning Officer for one year and can be opened only on an order of the High Court Division, which is why the petition must ask for that order where a recount is needed.

    Where: Election Commission / Returning Officer · Time: 1-3 weeks · Law: Arts 40, 42, 43 RPO 1972 · Documents: Application for certified copies, Polling-station result sheets, Consolidated result statement

    Tip: Ask for records immediately after the count; delay eats into the 45-day filing window.

  3. Election petition process in Bangladesh: step 3, Fix the deadline from the Gazette
    Step 3 · Before filing

    Fix the deadline from the Gazette

    Time does not run from polling day. After the result is declared, the Election Commission publishes the name of each returned candidate in the official Gazette under Article 39(4). The election petition must be presented to the High Court Division within the time prescribed under Article 49(2), which is 45 days from that Gazette publication. The lawyer obtains the Gazette notification and diarises the last date. A petition presented late is dismissed under Article 58 because Article 49 has not been complied with, and the court has no general power to forgive the delay.

    Where: Election Commission / Returning Officer · Time: Same day · Law: Art 39(4) RPO 1972; Arts 49(2), 58(a) RPO 1972 · Documents: Bangladesh Gazette notification naming the returned candidate

    Tip: Treat the 45 days as absolute. Do not rely on condonation of delay under the Limitation Act.

  4. Election petition process in Bangladesh: step 4, Draft the petition with full particulars
    Step 4 · Drafting and presenting the petition

    Draft the petition with full particulars

    The advocate drafts the petition to meet Article 51. It must give a precise statement of the material facts, and for every allegation of corrupt or illegal practice it must give full particulars: who did it, when and where. It must state the relief claimed, which can only be one of three declarations: the returned candidate's election is void; it is void and the petitioner or another candidate was duly elected; or the election as a whole is void.

    Every page, schedule and annex is signed by the petitioner and verified as a pleading under Order VI rule 15 CPC. Vague pleading is the most common reason petitions fail.

    Where: Advocate's chamber · Time: 1-3 weeks · Law: Art 51(1)-(3) RPO 1972; Order VI rule 15 CPC · Documents: Election petition, Schedules of polling centres and incidents, Verification

    Tip: New grounds cannot be added by amendment later (Art 57(3)), so include every ground now.

  5. Step 5: Join every necessary respondent
    Step 5 · Drafting and presenting the petition

    Join every necessary respondent

    Article 50 requires the petitioner to name as respondents all contesting candidates, plus any other candidate against whom corrupt or illegal practice is alleged. Leaving out even one contesting candidate is fatal, because Article 58(a) obliges the High Court Division to dismiss a petition that does not comply with Article 50. The Election Commission and the Returning Officer are not compulsory respondents, although they are often added for records and are heard in practice. The lawyer checks the final list of contesting candidates published after withdrawals to make sure nobody is missed.

    Where: Advocate's chamber · Time: 1-3 days · Law: Arts 50, 58(a) RPO 1972 · Documents: Final list of contesting candidates, Addresses for service

    Tip: Use the final list of contesting candidates after the withdrawal date, not the list of nominations.

  6. Step 6: Present the petition and deposit security
    Step 6 · Drafting and presenting the petition

    Present the petition and deposit security

    The petition is presented at the High Court Division section that handles election petitions, together with one copy for every respondent, each attested by the petitioner as a true copy under Article 49(3). At the same time the petitioner deposits Tk 5,000 as security for costs under Article 49(4), following the High Court Division's rules for deposits. The filing section checks the papers, registers an Election Petition number and places it before the bench the Chief Justice has assigned to election matters. Missing copies or security can lead to dismissal under Article 58(a).

    Where: High Court Division · Time: 1-2 days · Law: Art 49(2)-(4) RPO 1972; Art 107(3) Constitution (benches assigned by the Chief Justice) · Documents: Petition with attested copies for each respondent, Security deposit challan/receipt, Vakalatnama

    Tip: Keep the deposit receipt safe; it is needed for the refund under Article 72(3).

  7. Step 7: Notice to respondents and written statements
    Step 7 · Pleadings and preliminary hearing

    Notice to respondents and written statements

    Because Article 57 applies the procedure for civil suits as nearly as possible, the court issues notice to the respondents much as summons issue in a suit, and the respondents appear through lawyers and file written statements answering each allegation. The returned candidate usually denies the facts and raises preliminary objections, for example that the petition was late, a contesting candidate was not joined or particulars are missing. The bench may also call for the election records from the Returning Officer or the Election Commission at this stage.

    Where: High Court Division · Time: 1-2 months · Law: Art 57(1) RPO 1972; Orders V and VIII CPC · Documents: Notices, Written statements, Records called from the Returning Officer

    Tip: Check the respondents' written statements for admissions you can rely on at trial.

  8. Step 8: Preliminary objections on maintainability
    Step 8 · Pleadings and preliminary hearing

    Preliminary objections on maintainability

    Many election petitions are decided before any evidence is taken. The returned candidate asks the court to dismiss the petition under Article 58 for breach of Article 49 (time, copies, security), Article 50 (respondents) or Article 51 (material facts, particulars, verification). The High Court Division hears both sides on these points. If it upholds the objection, the petition is dismissed and the decision can be taken to the Appellate Division with leave. If it rejects the objection, the case moves on to issues and trial.

    Where: High Court Division · Time: 1-3 months · Law: Art 58 RPO 1972; Order VII rule 11 CPC (by analogy) · Documents: Application under Art 58, Reply

    Tip: Most technical failures are curable only before the 45 days expire; after that they are fatal.

  9. Step 9: Recrimination by the returned candidate
    Step 9 · Pleadings and preliminary hearing

    Recrimination by the returned candidate

    Where the petition asks the court to declare the petitioner or another candidate duly elected, the returned candidate or any other party can fight back by proving that that person's election would itself have been void. To do so, they must give notice to the High Court Division within 14 days of the commencement of the trial, file a statement of the case and deposit the same Tk 5,000 security. That statement is treated as if it were an election petition, so the same rules on particulars and verification apply to it.

    Where: High Court Division · Time: Within 14 days of the trial starting · Law: Art 61(1)-(2) RPO 1972 · Documents: Notice of recrimination, Statement of case, Security receipt

    Tip: A petitioner seeking to be declared elected should expect his own nomination and expenses to be scrutinised.

  10. Step 10: Framing issues and any amendment
    Step 10 · Pleadings and preliminary hearing

    Framing issues and any amendment

    The bench frames issues from the pleadings, such as whether a named corrupt practice occurred, whether the returned candidate exceeded the expense limit, or whether non-compliance materially affected the result. The court can allow an amendment on terms and on payment of a fee, but only to secure a fair trial; no new ground of challenge may be introduced. The court can also order further security for costs at any time, and failure to pay it leads to dismissal. A timetable for witnesses and documents is set at this stage.

    Where: High Court Division · Time: 1-2 months · Law: Art 57(3)-(4) RPO 1972; Order XIV CPC; Art 58(b) RPO 1972 · Documents: Issues, Amendment application, if any, List of witnesses and documents

    Tip: File the list of witnesses early; the court may refuse frivolous or immaterial witnesses.

  11. Step 11: Production and inspection of ballot papers
    Step 11 · Trial and evidence

    Production and inspection of ballot papers

    If the case turns on how votes were counted, the petitioner applies for the sealed ballot packets and related papers kept under Article 42 to be produced and, if justified, for a scrutiny or recount under the court's supervision. The High Court Division does not order this lightly: the petitioner must show a prima facie case from the pleadings and records. The packets are kept for one year and are then destroyed unless the High Court Division directs otherwise, so the application must be made promptly once a petition is pending.

    Where: Election Commission / Returning Officer · Time: 1-3 months · Law: Arts 42(3), 43 RPO 1972; Art 57(1) RPO 1972 · Documents: Application for production and inspection, Sealed ballot packets, Ballot paper account

    Tip: Ask the court early for a direction to preserve the packets beyond one year.

  12. Step 12: Witness evidence and cross-examination
    Step 12 · Trial and evidence

    Witness evidence and cross-examination

    Evidence is taken as in a civil trial under the Evidence Act 1872. The petitioner's witnesses, typically polling agents, voters and officials, are examined and cross-examined, then the respondents' witnesses. The bench may record only a memorandum of the substance of the evidence and can refuse witnesses who are immaterial or called to delay the case. Documents are not excluded merely because they are unstamped or unregistered. A witness must answer even incriminating questions, but no one may be asked how they voted; a witness who answers truthfully can receive a certificate of indemnity.

    Where: High Court Division · Time: 2-8 months · Law: Art 57(1)-(2) RPO 1972; Art 60(1)-(5) RPO 1972; Order XVI and XVIII CPC · Documents: Affidavits or depositions, Exhibits, Summons to official witnesses

    Tip: Polling agents' contemporaneous written reports carry far more weight than later recollection.

  13. Step 13: Arguments, adjournments and withdrawal
    Step 13 · Trial and evidence

    Arguments, adjournments and withdrawal

    After evidence, both sides argue on each issue. Article 57(5) forbids adjournments unless necessary in the interests of justice, and Article 57(6) requires the High Court Division to try the petition as expeditiously as possible and endeavour to finish within six months of presentation. In practice many petitions take longer. A petitioner may withdraw only with the court's leave and is then ordered to pay the respondents' costs. The petition abates on the death of a sole petitioner, and may be dismissed for default if no petitioner appears.

    Where: High Court Division · Time: 1-2 months · Law: Art 57(5)-(6) RPO 1972; Arts 68, 69, 70, 71 RPO 1972 · Documents: Written arguments, Case law compilation, Withdrawal application, if any

    Tip: Do not seek routine adjournments; the bench is expected to refuse them.

  14. Step 14: Judgment of the election court
    Step 14 · Judgment and aftermath

    Judgment of the election court

    At the end of the trial the High Court Division makes one of four orders under Article 62: dismissing the petition; declaring the returned candidate's election void; declaring it void and the petitioner or another contesting candidate duly elected (only if satisfied under Article 64 that that person was entitled to be declared elected); or declaring the election as a whole void. It cannot void the returned candidate's election for a corrupt practice committed without his consent or connivance if he took all reasonable precautions. The order takes effect on the date it is made.

    Where: High Court Division · Time: Judgment usually 2-8 weeks after arguments · Law: Arts 62(1), 63, 64, 65 RPO 1972; Art 67(3) RPO 1972 · Documents: Judgment and order, Certified copy application

    Tip: Apply for the certified copy on the day of judgment; the 30-day leave period runs from announcement.

  15. Step 15: Election Commission acts on the order
    Step 15 · Judgment and aftermath

    Election Commission acts on the order

    The High Court Division intimates the substance of its decision to the Election Commission and then sends an authenticated copy of the order, which the Election Commission publishes in the official Gazette. If the election is declared void, the seat falls vacant and a by-election must be held within 90 days under Article 123(4) of the Constitution. If the trial reveals a tie that one vote would break, the court informs the Commission, which orders a fresh poll between those candidates once the appeal period ends or an appeal upholds the decision.

    Where: Election Commission / Returning Officer · Time: 2-6 weeks; by-election within 90 days of vacancy · Law: Arts 66, 67(1)-(2) RPO 1972; Art 123(4) Constitution · Documents: Authenticated copy of the order, Gazette notification

    Tip: A stay from the Appellate Division can hold up the by-election, so watch for a leave petition.

  16. Step 16: Costs, refund of security and enforcement
    Step 16 · Judgment and aftermath

    Costs, refund of security and enforcement

    When it makes its final order, the court also decides who pays costs. The winner applies in writing to the High Court Division within six months to be paid out of the loser's security deposit. Any unused security is refunded on application by the person who deposited it. If the security does not cover the costs, the order for costs can be enforced like a decree through the principal civil court of original jurisdiction, the District Judge's court, of the district where the paying party lives or owns property, or where the constituency lies.

    Where: District Judge's Court (costs enforcement) · Time: Apply within 6 months; execution 3-12 months · Law: Art 72(1)-(4) RPO 1972; Order XXI CPC · Documents: Application for payment out of security, Execution application, Certified copy of costs order

    Tip: Apply from the security first; the law allows execution only for costs not recovered that way.

Branches · appeal, revision, review, reference, remand

What if…? How the election petition process in Bangladesh can change course

Choose a scenario. The map animates the route up the hierarchy and, where a case is sent back, down to the lower court and up again.

Route of this scenario
UpRemand
Appeal · HCD (election bench) → Appellate Division

What if the losing side appeals to the Appellate Division?

  1. 1
    Appellate Division of the Supreme Court

    Petition for leave within 30 days

    The High Court Division's decision is final except for Article 62(3), which gives an aggrieved person 30 days from the announcement of the decision to appeal to the Appellate Division, but only if that Division grants leave. The aggrieved party files a civil petition for leave to appeal with the certified copy and grounds, and may ask the chamber judge for a stay. This statutory 30 days is shorter than the 60 days in Order XIII of the Appellate Division Rules, and the shorter period governs.

    File within 30 days; leave hearing 1-6 monthsArt 62(3) RPO 1972Art 103 ConstitutionOrder XIII AD Rules 1988
  2. 2
    Appellate Division of the Supreme Court

    Hearing of the appeal

    If leave is granted, the appeal is heard on the paper book. The Appellate Division can examine both law and the High Court Division's appraisal of evidence, but it is slow to disturb findings of fact made by the trial bench that saw the witnesses. It may affirm, reverse or vary the order, or send the case back for a fresh hearing.

    6-18 monthsArt 103 ConstitutionOrders XVII and XIX AD Rules 1988 (appearance and concise statements)

Where it ends up: The Appellate Division's judgment is final, subject only to review, and the Election Commission acts on it.

Alternative route · HCD (election bench) → Appellate Division

Can I file a revision against the election court's order?

  1. 1
    High Court Division

    No civil revision lies

    Civil revision under section 115 CPC lies only to the High Court Division against subordinate courts. In a parliamentary case the High Court Division is itself the trial court, so there is no revision against its interlocutory orders, such as a refusal of recount or rejection of a preliminary objection. A writ under Article 102 is also unavailable, because Article 125(b) of the Constitution allows a parliamentary election to be questioned only by an election petition.

    The aggrieved party instead seeks leave from the Appellate Division against the order, or raises the point in the final appeal.

    Leave petition: 1-6 monthss.115 CPCArt 125(b) ConstitutionArt 103 Constitution

Where it ends up: Interlocutory complaints go to the Appellate Division by leave, not by revision or writ.

Review · HCD (election bench) → Appellate Division → Appellate Division

Can the court reconsider its own judgment?

  1. 1
    Appellate Division of the Supreme Court

    Review in the Appellate Division

    Once the Appellate Division has decided, a party may apply to it for review under Article 105 of the Constitution and Order XXVI of the Appellate Division Rules. The application must be filed within 30 days of the judgment, with a certified copy, and succeeds only on grounds similar to Order XLVII rule 1 CPC: an error apparent on the face of the record, discovery of important new evidence that could not have been produced earlier, or another sufficient reason. It is not a second appeal.

    File within 30 days; decided in 1-6 monthsArt 105 ConstitutionOrder XXVI rules 1-3 AD Rules 1988Order XLVII rule 1 CPC
  2. 2
    High Court Division

    Review before the election bench is narrow

    Whether the High Court Division can review its own election judgment under Order XLVII CPC, applied through Article 57, is uncertain because Article 62(2) makes its decision final save for the appeal route. Lawyers therefore normally file the leave petition within 30 days rather than risk losing time on a review application.

    Do not let the 30-day leave period lapseArts 57(1), 62(2)-(3) RPO 1972Order XLVII CPC

Where it ends up: Review rarely changes the result; the main corrective route is leave to appeal.

Alternative route · HCD (election bench) → Election Commission

Is there a reference to a higher court?

  1. 1
    Election Commission / Returning Officer

    No reference; intimation to the Commission instead

    A reference under section 113 and Order XLVI CPC is a device for a subordinate court to ask the High Court Division a question of law. It has no place in an election petition, because the High Court Division is itself the trial forum. What replaces it is the statutory reporting duty: the bench intimates its decision to the Election Commission under Article 67 and, where an equality of votes is found, informs the Commission under Article 66 so it can order a fresh poll between the tied candidates.

    Within days of judgment; fresh poll after the appeal periods.113 and Order XLVI CPCArts 66, 67 RPO 1972

Where it ends up: The case ends with the Election Commission giving effect to the order, not with a reference upwards.

Remand · HCD (election bench) → Appellate Division → HCD (election bench) → Appellate Division

What if the Appellate Division sends the case back?

  1. 1
    Appellate Division of the Supreme Court

    Judgment set aside and case remanded

    If the Appellate Division finds that the election bench wrongly dismissed the petition on a preliminary point, or refused material witnesses or an inspection of ballot papers, it can set aside the judgment and remand the petition to the High Court Division for trial or retrial on specified issues, often with a time limit.

    Remand order: on disposal of the appealArt 104 ConstitutionOrder XLI rules 23-25 CPC (principle)Art 57 RPO 1972
  2. 2
    High Court Division

    Fresh hearing and further leave to appeal

    The election bench takes the further evidence or hears the issues afresh, again aiming to finish quickly under Article 57(6), and delivers a new judgment. The party that loses can again seek leave from the Appellate Division within 30 days, so the case can climb back up for a final decision.

    Retrial 3-9 months; further leave 1-6 monthsArt 57(6) RPO 1972Art 62(3) RPO 1972

Where it ends up: The petition returns to the High Court Division for retrial and may come back to the Appellate Division for a final ruling.

Alternative route · Lawyer → Election Tribunal → Election Appeal Tribunal → HCD (election bench)

What about Union Parishad, Pourashava or City Corporation elections?

  1. 1
    Local Government Election Tribunal

    Petition to the local Election Tribunal

    Local government elections are not heard by the High Court Division. The Election Commission constitutes Election Tribunals of judicial officers. For a Union Parishad, an aggrieved candidate must file within 30 days of the Gazette publication of the result, and the tribunal must decide within 180 days. City Corporation cases follow the same 30-day filing and 180-day disposal limits. Only a candidate can file, and ordinary civil courts cannot entertain the dispute.

    File within 30 days; decided within 180 daysss.22-23(3) Local Government (Union Parishad) Act 2009ss.37-38(2) Local Government (City Corporation) Act 2009Election rules under those Acts
  2. 2
    Election Appeal Tribunal

    Appeal to the Election Appeal Tribunal

    The loser may appeal within 30 days to the Election Appeal Tribunal, which has a judicial officer and an executive officer. For a Union Parishad it must decide within 120 days, and for a City Corporation within 180 days. Its decision is declared final. The High Court Division may still intervene under Article 102 in exceptional cases, such as a tribunal acting without jurisdiction.

    Appeal within 30 days; decided within 120-180 dayss.23(4)-(6) Local Government (Union Parishad) Act 2009s.38(3)-(4) Local Government (City Corporation) Act 2009Art 102 Constitution

Where it ends up: The Election Appeal Tribunal's decision normally ends the local dispute, with only narrow writ review in the High Court Division.

Lower court to higher court

How the election petition process in Bangladesh moves up the court hierarchy

Unlike most cases, an election petition starts near the top. Article 125 of the Constitution and Article 49 of the Representation of the People Order send every parliamentary election dispute straight to the High Court Division, where a single judge assigned by the Chief Justice tries it as a civil suit, hearing witnesses and deciding facts and law. There is no pecuniary value and no lower court involved, except that a District Judge can later enforce an order for costs.

The High Court Division's decision is final unless the Appellate Division grants leave on a petition filed within 30 days; if it does, the appeal can re-examine the law and the appraisal of evidence, and the case can be remanded for retrial. Review under Article 105 is the last step. Local government elections follow a separate ladder: an Election Tribunal at district level, then an Election Appeal Tribunal whose decision is final, with only exceptional writ review. Knowing which ladder applies is the first step in the election petition process in Bangladesh.

  1. Appellate DivisionAppellate Division of the Supreme Court
  2. High Court DivisionHigh Court Division
  3. Appellate levelElection Appeal Tribunal · District Judge's Court (costs enforcement)
  4. First instanceLocal Government Election Tribunal
  5. Start · outside courtAdvocate's chamber · Election Commission / Returning Officer
Courts & addresses

Where your case is heard

Addresses are for Dhaka. Every district has equivalent courts at its own district judgeship.

Appellate Division

Supreme Court of Bangladesh (Appellate Division and High Court Division)

Supreme Court of Bangladesh, Shahbag, Ramna, Dhaka-1000

Hears appeals, revisions, references, writ petitions under Article 102, company matters and death references (High Court Division), and appeals by leave from the High Court Division (Appellate Division).

Both Divisions sit in the Supreme Court complex; many High Court Division benches sit in the Annex Building. Check the daily cause list for the bench and court room. Postal contact is the Registrar General, Supreme Court of Bangladesh, Ramna, Dhaka-1000.

Appellate level

Court of the District and Sessions Judge, Dhaka (Dhaka Judge Court)

Dhaka Judge Court premises, 16 Johnson Road, Sadarghat, Dhaka

Seat of the Dhaka District Judge and Additional District Judges (civil appeals, probate, district-level civil and sessions work outside the metropolitan area) and the civil courts of first instance (Joint District Judge, Senior Civil/Assistant Judge courts).

Official judiciary portal gives '16 Johnson Road, Sadarghat, Dhaka'. Many civil courts (Additional District Judge courts, Joint District Judge and Senior Assistant Judge courts, Artha Rin Adalat No.1, insolvency court) are in the new 8-storey District Judge Court building in the same premises. The 2026 judgeship list names the first-instance civil courts 'Senior Civil Judge' / 'Civil Judge' (formerly Senior Assistant Judge / Assistant Judge); some pages still use the old names. Every district has an equivalent court at its district judgeship.

Start · outside court

Advocate's chamber

Where this happens depends on your district or the office concerned. Ask us for the exact courtroom and address.

Start · outside court

Bangladesh Election Commission Secretariat (Nirbachan Bhaban)

Nirbachan Bhaban, Plot E-14/Z, Agargaon, Sher-e-Bangla Nagar, Dhaka-1207

Conducts elections, maintains electoral rolls and national ID (NID) data, and receives election-related applications.

Election petitions are heard by the High Court Division (parliamentary elections) or by Election Tribunals (local government), not by the Commission itself. Helpline 105 (published hours Sunday-Thursday, 9:00 am to 4:00 pm).

Indicative timeline

How long each stage takes

These are indicative ranges based on typical Dhaka practice. Adjournments, case backlogs and appeals can stretch them.

Before filing
0.5–1.5 months
Drafting and presenting the petition
0.5–1 months
Pleadings and preliminary hearing
1–5 months
Trial and evidence
3–10 months
Judgment and aftermath
0.5–3 months
Dark bar = faster cases · light bar = slower casesFirst-instance journey: 5.5–20.5 months · Overall: Indicative ranges based on typical Dhaka practice: 6-18 months in the High Court Division (the law asks for 6 months), plus 6-18 months if leave and appeal go to the Appellate Division
Prepare

Documents checklist and key terms

Tick off what you have. Your ticks stay saved in this browser. Bring the list to your first meeting with your lawyer.

Returned candidate
The candidate declared elected by the Returning Officer and named in the Gazette.
Contesting candidate
A validly nominated candidate who did not withdraw; all must be joined as respondents.
Corrupt or illegal practice
Conduct defined as an offence in Chapter VI of the RPO, such as bribery, undue influence or personation.
Security for costs
The Tk 5,000 deposit made with the petition, used to pay the respondents' costs if the petitioner loses.
Recrimination
The returned candidate's counter-case under Article 61 that the petitioner's own election would also have been void.
Leave to appeal
Permission from the Appellate Division, needed before an appeal can be heard.
Election Tribunal
The common name for the HCD election bench, and the formal name of local government election courts.
Abatement
The automatic end of a petition on the death of the sole petitioner.
Questions

Election petition process in Bangladesh: common questions

Who can start the election petition process in Bangladesh?
Only a candidate at the election being challenged. Article 49(1) of the Representation of the People Order says no election can be called in question except by a petition presented by a candidate. Voters, parties and NGOs cannot file one, and the ordinary civil courts and writ jurisdiction are closed to parliamentary election disputes by Article 125 of the Constitution.
What is the deadline for filing?
The petition must be presented to the High Court Division within 45 days from the publication in the official Gazette of the returned candidate's name. That period is prescribed under Article 49(2). A late petition is dismissed under Article 58, so lawyers work backwards from the Gazette date and aim to file well before the last day.
How much does the election petition process in Bangladesh cost?
The fixed statutory item is the Tk 5,000 security for costs under Article 49(4). The court can demand further security during the trial, and failure to pay leads to dismissal. You also pay court fees, certified-copy charges, process costs and lawyers' fees, which vary widely. Check the current HCD schedule before filing.
Can the court declare me elected instead?
Yes, if you claim that relief and the High Court Division is satisfied under Article 64 that you were entitled to be declared elected. Expect the returned candidate to use Article 61 to try to prove your own election would have been void, so your nomination and expenses should be in order.
How long does it take?
Article 57(6) asks the High Court Division to try to finish within six months of presentation, and adjournments are restricted. In practice, based on typical Dhaka practice, many petitions take 6 to 18 months, and an appeal with leave to the Appellate Division can add a further 6 to 18 months.
Can I get a recount through the election petition process in Bangladesh?
Yes, but only by order of the High Court Division. Ballot papers are kept sealed for one year under Article 42 and are not open to public inspection. You must plead specific facts showing why the count was wrong and apply promptly for production and scrutiny of the packets.
What happens if the election is declared void?
The order takes effect on the day it is made, the Election Commission publishes it in the Gazette, and the seat falls vacant. Under Article 123(4) of the Constitution a by-election must be held within 90 days, unless the Appellate Division stays the order pending an appeal.
Is the procedure the same for local government elections?
No. Union Parishad, Pourashava and City Corporation disputes go to Election Tribunals of judicial officers set up by the Election Commission. For Union Parishads and City Corporations the petition must be filed within 30 days of the Gazette, the tribunal decides within 180 days, and one appeal lies to an Election Appeal Tribunal whose decision is final.

Law and sources

  1. The Representation of the People Order, 1972 (P.O. No. 155 of 1972), as amended to 2026
  2. The Constitution of the People's Republic of Bangladesh (Articles 102-105, 123, 125)
  3. Local Government (Union Parishad) Act 2009 (ss.22-23)
  4. Local Government (City Corporation) Act 2009 (ss.37-40)
  5. The Code of Civil Procedure, 1908
  6. Supreme Court of Bangladesh (Appellate Division) Rules 1988
  7. Daily Observer: High Court forms election tribunal; petitions within 45 days of Gazette (June 2026)
  8. The Daily Star law analysis: election petitions and tribunals

This Case Journey is a general guide to procedure in Bangladesh as of October 2026. It is not legal advice. Procedure, fees and time limits change, and every case turns on its own facts. Timelines are indicative. Speak to a lawyer about your own matter.

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You can usually start and run this case without travelling. You sign a power of attorney abroad, the Bangladesh High Commission or Embassy attests it, and your attorney and lawyer act for you in Dhaka. Some steps, such as giving evidence in person, may still need you or a commission. See how a case runs through a power of attorney →

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