Referring to the constitutional obligation for holding by-election in 90 days after a seat falls vacant, the HC asked the Election Commission (EC) to adjust the 24 days lost to legal battle from May 20 in the new poll schedule.

The verdict came in the wake of Bikalpa Dhara candidate retired army major Abdul Mannan's writ petition challenging the non-allocation of his party's symbol to him and a HC stay on the polls until yesterday.

As no respondent is likely to file any appeal against the judgement, the by-election is now set to be held in 24 days from yesterday. The EC had earlier said it would not lodge any appeal against the court verdict in the interest of holding quick polls.

Neither the EC nor the returning officer of Dhaka-10 by-election appeared as respondents before the court yesterday to contest the writ petition yesterday.

In a dramatic move, independent candidate Mahbub Hossain Bhuiyan, who was allocated the winnowing fan, told the court that he had no objection if the symbol was given to the Bikalpa Dhara.

But the court said it would be decided on the basis of merits of the case.

While delivering the judgement, the HC division bench comprising justices Abdul Matin and Tarik Ul Hakim said the EC failed to exercise its authority as a constitutional body, which was unwarranted.

The court observed that the returning officer violated the electoral laws by ignoring the EC's directive and laws relating to the election.

It declared the returning officer's allocation of 'bench' to Mannan in stead of the winnowing fan illegal.

Dr Kamal Hossain, counsel of the Bikalpa Dhara candidate, submitted arguments in the court.

Advocate Mahbubur Rahman, counsel of Mahbub, said they would not file any appeal against the order.

"We're happy with the judgement as the by-election will now be held soon," he said.

After winning the legal battle, Mannan told reporters that justice triumphed over the injustice of the EC and the returning officer, who he said, robbed his party's poll symbol.

In line with the HC verdict, the returning officer will reallocate symbols among the candidates, especially to Mannan and Mahbub, and the EC will fix the polling date as soon as possible.

Dhaka-10 and Munshiganj-1 parliamentary seats fell vacant on March 10 when Mannan and Mahi B Chowdhury resigned from both parliament and the ruling BNP to join the Bikalpa Dhara.

The EC announced the election schedule on April 27, fixing the polls on June 6.

The returning officer of Munshiganj-1 allocated the winnowing fan to Mahi, but the poll official of Dhaka-10 denied it to Mannan.

Mannan filed the writ petition on May 23.

Mahi swept back to parliament from Munshiganj-1 seat where election was held on June 6.