The High Court on Thursday declared BNP candidate Sarwar Alamgir's candidacy for the Chittagong-2 constituency valid, clearing the way for him to be sworn in as a member of parliament after winning the 13th national election.
A High Court bench comprising Justice Fahmida Quader and Justice Md Asif Hasan delivered the verdict after making absolute a rule it had previously issued in the matter.
The court had reserved its judgment on July 2 after concluding hearings on the rule.
Senior Advocate Ahsanul Karim and Barrister AM Mahbub Uddin Khokon represented the petitioner, while Senior Advocate Mohammad Shishir Monir and Advocate Azim Uddin Patwari appeared for Jamaat-e-Islami candidate Md Nurul Amin.
The dispute began after the returning officer declared Sarwar Alamgir's nomination papers valid. Nurul Amin appealed the decision, alleging that Sarwar was a loan defaulter.
Following a hearing, the Election Commission cancelled Sarwar's candidature on January 18.
Sarwar then challenged the decision by filing a writ petition with the High Court.
On January 27, the High Court stayed the Election Commission's order and issued a rule allowing him to contest the election.
Nurul Amin later filed a petition seeking leave to appeal before the Appellate Division against the High Court order. On February 3, the Appellate Division granted leave to appeal.
Although the order allowed Sarwar to contest the election, the Appellate Division directed that the election result for the constituency remain suspended until the appeal was disposed of. As a result, while he was allowed to participate in the election, the outcome could not be officially declared.
Sarwar Alamgir went on to win the February 12 election, but his result was withheld in compliance with the court's order.
