The Appellate Division on Tuesday dismissed a leave to appeal challenging the High Court’s order that upheld the candidacy of BNP nominee Kazi Shah Mofazzal Hossain Kaikobad in the Comilla-3 constituency for the 13th parliamentary election.
As a result of the order, legal experts said there is now no obstacle to Kaikobad’s participation in the upcoming election.
The order was passed on February 10 by a bench of the Appellate Division led by Chief Justice Zubayer Rahman Chowdhury.
Advocate Ahsanul Karim, Barrister Ruhul Quddus Kajol, and Advocate Mahbubur Rahman Khan appeared before the court on behalf of Kaikobad, while Advocate Mohammad Hossain Lipu represented the Jamaat-e-Islami-backed candidate.
The Jamaat candidate in the constituency, Yusuf Sohel, had earlier filed an appeal with the Election Commission (EC) seeking cancellation of Kaikobad’s nomination papers, alleging that the BNP nominee held dual citizenship of Turkey.
Previously, on January 19, the Election Commission rejected the appeal and upheld Kaikobad’s candidacy after hearing arguments from both sides. The High Court later affirmed the EC’s decision, which was subsequently challenged before the Appellate Division.
With Tuesday’s dismissal of the leave to appeal, the legal proceedings surrounding Kaikobad’s nomination have come to an end.
“Later, the High Court dismissed the writ petition seeking the cancellation of Kaykobad’s candidacy.