Ctg city mayor refuses to step down after tenure ends; legal questions arise

Chattogram City Corporation (CCC) Mayor Shahadat Hossain has refused to step down, although the five-year tenure of the current board ended on Sunday (22 February) under the Local Government (City Corporation) Act.

He claimed he had personally spoken with Local Government Minister Mirza Fakhrul Islam Alamgir and the ministry's secretary and received assurance to remain in office. Shahadat, who assumed office following a court verdict after 5 August, argues that he can continue in his post until 2029.

His continuation has raised legal questions over his stay after the expiry of the board's term.

Under the Local Government (City Corporation) Act, 2009, the tenure of a city corporation is counted from the date of its first meeting. The first meeting of the outgoing CCC board was held on 23 February 2021, meaning its legal tenure ended on 22 February 2026.

Despite this, Shahadat has declared that he will remain in office. The issue has sparked debate in administrative and political circles, with questions over whether an administrator will be appointed or a fresh election held.

Speaking to reporters in Chattogram on Sunday after attending an event, Shahadat said the court had declared the entire tenure of former mayor M Rezaul Karim Chowdhury illegal.

He argued that his five-year term should therefore be counted from the date he took the oath.

"The court verdict declared me mayor. Based on that order, my tenure will continue until 3 November 2029," he said.

Shahadat said the diplomatic passport issued to him is valid for five years and that he would continue performing his duties until further instructions are issued.

"There is no scope to appoint an administrator before 2029. I assumed office after the removal of an administrator, so another appointment is not possible," he said.

However, he said he was willing to face an election and seek a fresh mandate from the people.

"Following my request, the local government ministry has already written to the Election Commission," he added.

Shahadat also claimed that under Section 6 of the Local Government (City Corporation) Act, 2009, he could remain in office until the next election schedule is announced. He said he had discussed the matter with the Local Government Minister Mirza Fakhrul Islam Alamgir and the ministry's secretary and was assured that the provision would apply in his case until elections are held.

However, Section 6 of the Act was amended in 2011. The amendment removed provisions allowing continuation in office beyond the five-year term. The remaining clause states that a city corporation's tenure shall be five years from the date of its first meeting.

Regarding the appointment of an administrator, Section 60(25)(1) of the Act provides that once a city corporation's term expires, the government may appoint a suitable person or a public official as administrator until a new board is formed.

Such a provision was applied in 2020, when the CCC election was postponed during the Covid-19 pandemic, and an administrator was appointed after the tenure of then-mayor AJM Nasir Uddin ended.

The government yesterday appointed administrators in six other city corporations. No decision has yet been announced regarding Chattogram.

How Shahadat became mayor

In the 27 January 2021 election, Awami League candidate M Rezaul Karim Chowdhury was declared elected. BNP-backed candidate Shahadat Hossain challenged the result in court.

After legal proceedings resumed following 5 August, the court on 1 October 2024 declared Shahadat mayor. He took the oath on 3 November the same year and assumed office.

Meanwhile, officials said the Local Government Division has written to the Election Commission to initiate the process for holding elections. The law requires elections to be held within 180 days before the expiry of a city corporation's term, putting the commission under time pressure.

Discussions are also underway regarding elections in other city corporations, including Dhaka North and Dhaka South.