Two writs seeking stay on DNCC polls

Staff Reporter :
Two separate writ petitions were filed on Tuesday with the High Court (HC) seeking stay on the process for holding election to the mayoral post for Dhaka North City Corporation (DNCC) on February 26.
Jahangir Alam, Chairman of Berai Union Parishad and Md Ataur Rahman, Chairman of Bhatara Union Parishad, filed the two petitions challenging the legality of the schedule fixed by the Election Commission (EC) for holding the polls to the DNCC mayor post.
The HC bench of Justice Naima Haider and Justice Zafar Ahmed fixed today (January 17 in 2018) for passing orders on the petitions after holding hearing on Tuesday.
Jahangir Alam in his petition said the EC is yet to provide him the CD containing the voter list, although the commission has fixed January 18 for submitting the nomination papers.
If he does not get the CD, he cannot submit the nomination paper and contest the election, Alam added in the petition.
On the other hand, Ataur Rahman filed petition on a separate legal ground.
Election Commission on January 9 this year declared the schedule for holding DNCC polls. Advocate Mostafizur Rahman Khan and Barrister Ahsan Habib Bhuiyan appeared for Ataur Rahman in the court, while Advocate Kamrul Huq Siddiquee and Advocate Mokarramus Saqlan appeared for Jahangir Alam.
Deputy Attorney General Mukhlesur Rahman stood for the State.
Advocate Mokarramus Saqlan said, Jahangir Alam wants to be a candidate in the DNCC election. But the voter list of the newly included wards is not yet published. In this circumstances, the writ petition was filed with the HC to stay the polls. Barrister Ahsan Habib Bhuiyan said, the election schedule issued by the Election Commission is without lawful authority and of no legal effect inasmuch as in view of the provisions of Section 5(3) of the Local Government (City Corporation) Act, 2009.
 “The Section provides that the post of Mayor shall be regarded as duly constituted once elections are held for the post of Councillors of at least 75 percent of the wards of the City Corporation and publication of the names of elected Councillors in the official Gazette. And following the creation of the new Wards on July 26 in 2017, there are more than 33 percent of the Wards of the City Corporation do not have elected Councillors, an election in terms of Section 16 of the Act, for electing a Mayor for the unexpired term of an elected Mayor whose post has fallen vacant, can only be held if there are elected Councillors of at least 75 percent of the wards of the City Corporation,” Ahsan Habib also said in the petition.