HC rejects petition seeking stay on administering oath to Ishraque

The High Court on Thursday summarily rejected a writ petition that sought a stay order on the effectiveness of an Election Commission gazette declaring BNP-nominated candidate Ishraque Hossain as the mayor of Dhaka South City Corporation (DSCC).

The High Court bench of Justice Md Akram Hossain Chowdhury and Justice Debasish Roy Chowdhury passed the order after hearing the petition.

Barrister AM Mahbub Uddin Khokon who represented Ishraque during the court proceedings said that there is no legal bar for the authorities concerned to administering an oath to Ishraque as the mayor of Dhaka South City Corporation following the HC order.

Barrister Kayser Kamal, another counsel for Ishraque, said they would file a contempt-of-court petition if the authorities concerned do not administer an oath to Ishraque complying with the High Court order.

On the other hand, writ petitioner's lawyer Mohammad Hossain said they will move appeal petition before the Appellate Division against the High Court order. The lawyer said he will seek stay on the election tribunal verdict and EC gazette in the appeal.

DSCC election was last held on February 1 in 2020. Awami League Mayoral candidate Sheikh Fazle Noor Taposh was declared winner by the then Election Commission. Ishraque on March 3 in 2020 filed a case seeking cancellation of the election over irregularities and rigging in the voting.

Awami League government was ousted on August 5 last year following a mass uprising. Mayors of the two city corporations in Dhaka were removed on August 19 the same year.

On March 27 this year, Dhaka's First Joint District Judge and also Election Tribunal Judge Md Nurul Islam overturned the 2020 DSCC's election results, declaring Ishraque as the winner and ordered the EC to issue a gazette within ten days.

After receiving opinion from the law ministry, the EC on April 27 issued a gazette notification declaring Ishraque as the mayor of DSCC.

Supreme Court lawyer Mamunur Rashid, also a resident of DSCC, on May 14 submitted the writ petition to the HC challenging the legality of the tribunal's verdict and EC's gazette notification.

He said in the petition that the tribunal delivered the verdict hastily and without following proper legal procedures.

Barrister AKM Ehsanur Rahman also appeared in the court hearing on behalf of Ishraque, while lawyer Jahirul Islam Musa represented the writ petitioner and Deputy Attorney General Md Mahfuzur Rahman and Khan Ziaur Rahman appeared for the state.

Meanwhile, BNP leader Ishraque Hossain on Thursday reiterated his demand for the resignation of Adviser for the Ministry of Local Government, Rural Development and Cooperatives and the Ministry of Youth and Sports, Asif Mahmud Shojib Bhuyain, and Information and Broadcasting Adviser Mahfuj Alam.

"The two advisers (student representatives) in the interim government are the direct supporters of a newly-floated political party. Our movement will continue until our demand is met," he told the media at around 4:00 pm near Kakrail Mosque in the capital.

"After the verdict of the High Court, a decision has been taken by our party to adjourn our movement for the time being. We'll observe the government action for the next 24 to 48 hours and decide on our next course of action (accordingly)," he said.

He apologised to the public for traffic jam resulting from their sit-in during the last few days. Following his announcement, supporters of Ishraque Hossain vacated the Kakrail road, allowing traffic to move normally.

Upon hearing the High Court verdict, BNP leaders and activists who were participating in the protest expressed joy and excitement.

Earlier on Wednesday morning, Ishraque called for the resignation of Advisers Asif Mahmud and Mahfuj Alam in a Facebook post. Mr Ishraque Hossain hoped that the government will comply with the court verdict without any delay.

bikashju@gmail.com