NN Online:
The Appellate Division of the Supreme Court has disposed of a petition seeking to block BNP leader Ishraque Hossain’s swearing-in as Mayor of Dhaka South City Corporation (DSCC), but uncertainty still surrounds the path forward.
During Thursday’s hearing, the seven-member bench led by Chief Justice Syed Refaat Ahmed sharply criticised the Election Commission (EC) for failing to fulfil its constitutional duty. The court expressed disapproval over the EC’s decision to consult the law ministry before issuing the gazette declaring Ishraque as mayor—an act the court said undermines the EC’s constitutionally mandated independence.
“The EC should have acted on its own authority instead of relying on the law ministry,” observed the court.
Despite the verdict, Ishraque’s swearing-in remains unresolved. The court did not cancel the gazette that declared him mayor, nor did it compel the government to complete the oath-taking process.
Following the hearing, EC lawyer Yasin Khan said the commission would act in accordance with the court’s guidance once the full verdict is published.
Both parties involved in the legal battle are claiming victory. The petitioner’s lawyer, Mohammad Hossain, argued that the court’s observations invalidated the gazette. In contrast, Ishraque’s counsel, Mahbub Uddin Khokon, insisted that the gazette remains valid and that the government is now obligated to administer the oath.
The controversy began after the Dhaka Election Tribunal annulled the 2020 DSCC election results on March 27, 2024, declaring Ishraque—who had lost by nearly 200,000 votes to Awami League candidate Sheikh Fazle Noor Taposh—as the rightful winner. On April 27, the EC issued a gazette naming Ishraque as mayor.
However, a writ petition filed on May 14 by Dhaka South resident and Supreme Court lawyer Md Mamunur Rashid sought to halt the swearing-in. Although the High Court dismissed the petition on May 22, citing lack of standing, the petitioner appealed to the Appellate Division, which has now disposed of the case with observations.
In response to the legal delays, Ishraque’s supporters launched protests on May 14 that have continued for over two weeks, paralysing operations at Nagar Bhaban. He has accused the Local Government Division of intentionally stalling the process and has demanded the resignation of Advisor Asif Mahmud Shojib Bhuyain.
With the legal hurdle now cleared, all eyes are on the government and the EC to determine whether Ishraque will finally be sworn in—or if further delays lie ahead.
