Ishraque's mayoral oath in limbo as ministry in legal dilemma

Three weeks after being declared the rightful winner of the 2020 Dhaka South mayoral election, BNP leader Ishraque Hossain has yet to be sworn in, despite a formal gazette notification issued by the Election Commission.

Ishraque today submitted an application to the Ministry of Local Government, urging immediate action in line with the Local Government (City Corporation) Act, 2009.

The law states that once a person is declared elected and a gazette is published, the government or a designated authority must administer the oath within 30 days.

"Nearly three weeks have passed since the gazette was issued, but no steps have been taken to administer my oath," Ishraque wrote. "Despite clear legal obligations, the authorities remain silent. This is extremely alarming."

He called on both the Election Commission and the Ministry of Local Government to ensure he is sworn in without further delay.

Meanwhile, sources in the ministry confirmed that it has yet to receive a legal opinion from the Law and Justice Division. Without this, the process remains stalled.

The matter reportedly hinges on several unresolved questions – chief among them, whether Ishraque can still legally assume office with only weeks left before the corporation's five-year term expires on 30 June.

The Law Ministry is reportedly struggling to determine whether Ishraque can legally take office with so little time remaining, and if so, for how long. The uncertainty has further delayed any move to administer the oath.

In the meantime, protests have erupted. For the past three days, Ishraque and BNP activists under the banner of "Amra Dhakabashi" have been demonstrating outside Nagar Bhaban. 

They have locked the premises, blocking entry for DSCC staff and ministry officials who temporarily work there. The demonstrators are demanding Ishraque be sworn in immediately.

'Legally complex'

The Ministry of Local Government on Thursday sent a letter to the Law and Justice Division seeking clarification on whether any legal barriers exist following the tribunal's verdict and the EC's decision not to appeal. 

The letter, signed by Joint Secretary Mahbuba Irene, noted that although the EC was listed as a defendant, it did not contest the case, resulting in an ex-parte ruling.

It further mentioned that the tribunal did not consider a High Court ruling related to an amended petition in the same case. A writ petition has since been filed in the High Court challenging the lower court's decision.

Speaking to The Business Standard, Joint Secretary Irene confirmed that no legal opinion had yet been received from the Law and Justice Division. She said the ministry would act only after receiving it.

Law Secretary Sheikh Abu Taher also confirmed that the division had not yet responded to the ministry's letter. Asked how or when the ongoing stalemate would be resolved, he declined to comment.

A senior official from the Law and Justice Division, speaking anonymously, said the issue was legally complex.

"If Ishraque is appointed now, how long can he serve? Is it lawful to appoint him at this stage? And can we still issue a legal opinion after the EC has already published a gazette? These are the questions we're examining," the official said.

What law says

According to the Local Government (City Corporation) Act, an elected mayor cannot assume office until the current term ends. It also stipulates that a city corporation's term runs for five years from its first meeting. 

In Dhaka South, that meeting took place on 30 June 2020, meaning the term ends on 30 June 2025.

No official from the Local Government Division agreed to comment on the matter. Several joint secretaries were contacted but declined to speak and advised reaching out to the division's adviser, Asif Mahmud Sajib Bhuiyan.

However, repeated phone calls and WhatsApp messages to Asif Mahmud went unanswered.

2020 Dhaka South election

The 1 February 2020 Dhaka South election was marred by widespread allegations of vote rigging. Previous mayor Sheikh Fazle Noor Taposh won 4,24,595 votes, while Ishraque secured 2,36,512. 

Taposh was sworn in on 27 February and assumed office on 16 May 2020.

However, on 27 March this year, the Election Tribunal ruled the election invalid and declared Ishraque the actual winner. It voided Taposh's election and cancelled the earlier government gazette.

Following the verdict, the EC initially sought legal opinion from the law ministry on publishing a new gazette naming Ishraque mayor. But before a response arrived, the EC issued the notification on 22 April.

Under the law, the government must arrange the oath-taking within 30 days of the gazette's publication – a deadline that is now fast approaching.