The Appellate Division of the Supreme Court has ruled that the Election Commission will determine whether BNP leader Ishraque Hossain will be sworn in as mayor of the Dhaka South City Corporation (DSCC).
A full bench of seven justices, led by Chief Justice Dr Syed Refaat Ahmed, delivered the observation on Thursday while disposing of a related petition.
Barrister AM Mahbub Uddin Khokon represented Ishraque during the hearing, while Advocate Mohammad Hossain appeared in support of the petition.
The Dhaka South City Corporation (DSCC) elections took place on February 1, 2020, which saw the Awami League’s Sheikh Fazle Noor Taposh declared mayor.
On March 27 this year, Dhaka’s First Joint District Judge and Election Tribunal Judge Md Nurul Islam annulled the election results and instead declared his closest rival, Ishraque, the mayor.
After receiving the copy of the tribunal’s verdict, the Election Commission sought legal advice from the law ministry on April 22 regarding the publication of a gazette.
On April 27, two Dhaka residents served a legal notice to challenge the tribunal's verdict and decree that had declared Ishraque mayor.
The notice also requested that no gazette be published in Ishraque’s name and that he not be sworn in.
However, that very night, the Election Commission issued a gazette naming Ishraque as mayor.
On May 14, a writ petition was filed in the High Court seeking a stay on the verdict declaring Ishraque the mayor and an order to bar his swearing-in.
The petition also sought punitive measures against the tribunal judge, alleging fraud and forgery in the verdict.
On May 22, the High Court summarily rejected the writ petition. In its order, the court said the petition was not admissible for hearing.
Following that order, Ishraque’s lawyers said there were no legal obstacles to his swearing-in.
On Tuesday, the Supreme Court Chamber Judge scheduled Wednesday for the hearing of an appeal challenging the High Court’s rejection of the writ.
The Appellate Division stated that it would hear the Election Commission’s position on the gazette issued declaring Ishraque mayor.
Additionally, the same date was set for hearing the leave-to-appeal petition against the High Court’s order rejecting the writ.
On Wednesday, the top court adjourned the hearing on the leave-to-appeal, saying that it would hear the commission’s explanation on the matter on Thursday.
