Appellate Division orders status quo over shipping agents' association election

The Appellate Division of the Supreme Court has ordered all parties to maintain the status quo over the Bangladesh Shipping Agents Association (BSAA) election for the 2025–27 term, following legal challenges over alleged violations of a High Court directive.

The order was passed by Chamber Court Justice Md Rezaul Hoque.

The order was issued on 29 December after Mohammed Anowar Hossain, managing director of Benocean Maritime Limited and a BSAA voter, filed a civil petition for leave to appeal against a High Court judgment delivered earlier this month.

Commodore (retd) AZM Jalal Uddin, chairman of the BSAA election board, confirmed the order and said he could not comment further as the matter is now pending before the court.

Court records show that the petitioner challenged the High Court's 8 December judgment in Writ Petition No 16393 of 2025, which made the rule absolute and issued several directions on how the BSAA election should be conducted. The petition also sought a stay on the High Court ruling, the BSAA circular issued on 24 December announcing the final election date, and the final election result published on 28 December.

After hearing both sides, the Chamber Court fixed the case for a hearing before the full bench of the Appellate Division on 11 January 2026 and directed the parties to maintain the status quo until then.

The dispute centres on BSAA's biennial election of its board of directors. Several members and shipping companies allege that the election board ignored the High Court's instructions to conduct the election afresh.

In a related move, law firm R Rahman-Rizwan & Associates served a legal notice on the BSAA, its election board, the Ministry of Commerce, and several senior government officials on behalf of five shipping and logistics companies. The notice alleges that the companies, despite being regular, fee-paying members, were unlawfully excluded from both the provisional and final voter lists.

According to the notice, appeals submitted to the BSAA Election Appeal Board were not addressed, and the companies were later informed that their names would not be included. It also claims that the election board violated the High Court's directive by announcing an election date of 28 December through a circular issued on 24 December, without publishing a fresh election schedule or preparing new voter lists.

The election schedule was later published in two local daily newspapers, a move described in the notice as arbitrary, unlawful, and in direct defiance of the High Court order. Lawyers for the aggrieved companies argue that proceeding with the election while appeals were pending before the Appellate Division amounts to interference with the judicial process and could constitute contempt of court.

Jahurul Alam Chowdhury, a senior BSAA member, said the election board issued the notice at 4:40pm on 24 December and published advertisements the following day, announcing that the election would be held on 28 December.

"The next three days were government holidays. On the first working day after that, the election was held, despite several members serving legal notices," he said.

He added that many members were not informed personally and were either abroad or away on holiday. "It was not possible for most members to be present with such short notice," he said.

According to Jahurul, the High Court had directed that the election be held afresh within two months, which required a complete election schedule. "That did not happen. The board only announced an election date. There was no scope for appeal, which is against the law," he said, questioning the haste with which the election was conducted.

A former BSAA director, requesting anonymity, said 58 members collected nomination forms, with 24 candidates from each of two panels. However, only 33 candidates were able to submit nominations – 24 from one panel and nine from the other.

"The remaining candidates from one panel could not submit their forms due to a chaotic situation at the association office on the final day," he said, adding that aspirants alleged they were blocked by outsiders from submitting nominations.

"As a result, only 83 out of 161 members cast their votes. This is not acceptable in a professional association," the former BSAA director said.

Captain Salah Uddin, who was elected president in the 28 December polls, told The Business Standard that a group of members who failed to qualify as voters through due process had attempted to disrupt the election.

"They have now filed an appeal with the court. The day after the election, the court issued a status quo order and fixed a full-bench hearing in January. We hope the court will deliver justice," he said.