Dhaka: The Appellate Division of the Supreme Court (SC) today disposed of a leave to appeal petition concerning the stay of the court judgment and the Election Commission (EC) gazette that declared BNP leader Ishraque Hossain mayor of Dhaka South City Corporation (DSCC).
According to Bangladesh Sangbad Sangstha, the full bench of the Appellate Division, led by Chief Justice Syed Refaat Ahmed, issued the order after listening to the arguments presented by the petitioner’s lawyer and the counsel representing Ishraque. The decision maintains the current status of the EC gazette, which declares Ishraque as DSCC mayor, despite differing interpretations by involved parties.
Barrister AM Mahbub Uddin Khokon, representing the BNP leader, stated that the EC gazette declaring Ishraque as mayor remains valid. However, the petitioner’s lawyer, Mohammad Hossain, claimed that the gazette is no longer in effect. Meanwhile, EC lawyer Dr Md Yasin Khan highlighted that the apex court reiterated the constitutional independence of the Election Commission in its operations, leaving the decision on the matter to the EC itself.
Md Mamunur Rashid, a Supreme Court lawyer, initially filed the writ with the Appellate Division on May 26. This followed an earlier decision on May 21 by the High Court, which summarily rejected Rashid’s writ petition challenging the Dhaka First Joint District Judge and Election Tribunal’s verdict that declared Ishraque Hossain as DSCC mayor.
The High Court division bench, composed of Justice Md Akram Hossain Chowdhury and Justice Debasish Roy Chowdhury, dismissed the writ with observation and direction. The legal proceedings trace back to March 27, when Judge Md Nurul Islam of Dhaka First Joint District Judge and Election Tribunal annulled the 2020 DSCC election results, subsequently recognizing BNP leader Ishraque Hossain as mayor. On April 27, the Election Commission issued a gazette notification confirming the BNP leader’s position as mayor.