LGD yet to hear law ministry response on BNP leader Ishraque declared Dhaka South mayor

The Local Government Division (LGD) has yet to receive a response from the Ministry of Law, Justice and Parliamentary Affairs regarding the appointment of BNP leader Ishraque Hossain as mayor of the Dhaka South City Corporation (DSCC). 

The law ministry was also unable to specify when the response might be issued.

On Thursday (15 May), the Ministry of Local Government, Rural Development, and Cooperatives sent a letter to the Law and Justice Division, seeking to know whether there were any legal issues concerning the court verdict in an election case filed by BNP's Ishraque Hossain regarding the 2020 DSCC mayoral election, and the Election Commission's (EC) decision not to file an appeal against it.

The letter stated that the EC decided not to appeal against the lower court's verdict that declared Ishraq Hossain as the elected mayor. 

The letter inquired whether there were any legal complications in taking further action as per Section 6 of the Local Government (Municipalities) Act, 2009.

Signed by Joint Secretary Mahbuba Irene of the Local Government Division, the letter titled "Regarding Legal Opinion" further mentioned that although the EC was made a defendant in the election tribunal case, it did not contest it, resulting in an ex-parte verdict. 

Moreover, the tribunal gave its ruling without considering a High Court verdict on a petition amendment in the case. A writ petition has now been filed in the High Court challenging the tribunal's verdict. 

However, in a similar case involving the defeated mayoral candidate of Barisal City Corporation, the election tribunal dismissed the petition. The letter also sought the law ministry's opinion on whether there are any legal obstacles in resolving term-related issues of candidates in city corporation elections.

Speaking to The Business Standard this afternoon, Joint Secretary Mahbuba said the Law and Justice Division's opinion had not yet reached them. The Local Government Division will make a decision once it receives the legal opinion.

Later, when TBS contacted Secretary of the Law and Justice Division Sheikh Abu Taher, he also confirmed that no response had yet been given to the Local Government Division's letter.

Asked about how or when the government plans to resolve the ongoing protests by Ishraque's supporters in front of the Nagar Bhaban, or when the legal opinion might be provided, the law secretary said it was not possible to say at this moment.

Previously, another senior official of the Law and Justice Division, speaking to TBS on condition of anonymity, said the issue is complex in many ways. 

"Questions remain, such as – if Ishraq is appointed mayor now, how long would his term last? Does he have valid grounds to be appointed at this point? And whether the law ministry can still offer a legal opinion after the Election Commission has already published a gazette notification — all these matters are under review," the official said.

The DSCC election was held on 1 February 2020. Awami League candidate Sheikh Fazle Nur Taposh won with 424,000 votes, while BNP candidate Ishraq Hossain received 236,000 votes. There were widespread allegations of irregularities and vote rigging in the election.

On 27 February of the same year, Taposh took his oath of office at the Prime Minister's Office and assumed the mayoral responsibilities on 16 May 2020.

Then on 27 March this year, Judge Md Nurul Islam of the Election Tribunal annulled the results of the 1 February 2020 DSCC election and declared BNP's Ishraq Hossain as the rightful winner.

The court also declared Awami League candidate Sheikh Fazle Nur Taposh's election illegal and voided the government gazette that had announced his mayorship.

Following that verdict, on 22 April, the EC wrote to the law ministry seeking its opinion on publishing a gazette notification appointing Ishraque Hossain as mayor of the DSCC. 

However, before receiving the law ministry's opinion, the EC went ahead and issued the gazette declaring Ishraque as mayor.

The situation has led to public demonstrations, with supporters demanding Ishraque's immediate swearing-in as mayor. Despite the court's verdict and the EC's gazette notification, Ishraque has not yet been administered the oath of office, prompting further legal and administrative scrutiny.