Cumilla-10: SC clears BNP candidate Mobasher for polls, Gafur out of race
Mobasher’s candidacy had been subject to a back-and-forth after the Returning Officer and the Election Commission (EC) initially cancelled his nomination over allegations of being a loan defaulter with Bank Asia.
The Appellate Division of the Supreme Court today (1 February) cleared the way for BNP 'rebel' candidate Mobasher Alam Bhuiyan to contest the upcoming 13th national election from the Cumilla-10 constituency.
However, the apex court simultaneously dismissed the appeal of another BNP aspirant for the same seat, Abdul Gafur Bhuiyan, effectively barring him from participating in the polls.
Following the orders, lawyers confirmed that despite the disqualification of one candidate, the BNP will still have a representative in the Cumilla-10 race.
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An Appellate Division bench accepted a leave to appeal petition for hearing filed by Mobasher and ruled that he can participate in the election. His counsel, Barrister Jyotirmoy Barua, stated that while the court granted the "leave," the final results of the election for this seat will depend on the ultimate outcome of the appeal.
Mobasher's candidacy had been subject to a back-and-forth after the Returning Officer and the Election Commission (EC) initially cancelled his nomination over allegations of being a loan defaulter with Bank Asia.
Mobasher then challenged the decision in the High Court, which on 25 January stayed the cancellation and ordered the authorities to allot him the BNP's "Sheaf of Paddy" symbol.
That HC order was subsequently challenged in the Supreme Court by Hasan Ahmed, a candidate from the Bangladesh Congress, leading to today's ruling.
In a separate development, the Appellate Division bench led by Chief Justice Zubayer Rahman Chowdhury dismissed the leave to appeal petition of Md Abdul Gafur Bhuiyan.
The order upholds previous decisions by the EC and the High Court to disqualify him over dual citizenship issues.
Gafur's legal troubles began when Kazi Nure Alam Siddique, a candidate from the Bangladesh Sangskritik Muktijote, challenged his validity at the EC.
On 18 January, the commission formally cancelled Gafur's nomination after a hearing.
Gafur moved the High Court to regain his candidacy, but on 22 January, a bench of Justice Razik-Al-Jalil and Justice Md Anowarul Islam rejected his writ petition.
