Petitioner to appeal against HC order on Ishraque swearing-in as mayor

The High Court has dismissed a writ petition challenging the gazette notification that declared BNP's Ishraque Hossain as the mayor of Dhaka South City Corporation (DSCC). The petition also sought to halt his swearing-in ceremony.

Following the dismissal, the petitioner's legal team has announced their intent to file an appeal against the decision.

Senior lawyer for the petitioner, Mohammad Hossain Lipu, told reporters on today (May 22) that they will file a petition (CMP) with the Appellate Division by Sunday (25 May), seeking a stay on the High Court's order.

Earlier in the day, a High Court bench comprising Justice Md Akram Hossain Chowdhury and Justice Debashish Roy Chowdhury dismissed the writ after providing observations.

Earlier, on 27 March, Dhaka's First Joint District Judge and Election Tribunal Judge Md Nurul Islam cancelled the election results that had declared Fazle Noor Taposh as the winner of the 2020 Dhaka South City Corporation election and declared BNP leader Ishraque Hossain as the mayor.

The court ordered the gazette to be published in 10 days. Following this ruling, the Election Commission published the gazette on 27 April.

On the day of the gazette publication, two individuals, Rafiqul Islam and Mamunur Rashid, issued legal notices appealing against the ruling that declared Ishraque Hossain as the mayor of Dhaka South City Corporation.

The notices urged restraint from publishing the gazette and from Ishraque taking the oath.

Their lawyer said the ruling was issued hastily without following proper procedures. "We thought the Election Commission would challenge this order. They didn't. News reports showed the law affairs adviser as saying that the notification was issued without waiting for the opinion that was sought from the Ministry of Law."

"The tribunal cannot issue an order that has no validity. The term has already ended. The mayoral position was vacated through an ordinance," he added.

Later, Mamunur Rashid filed a writ petition with the High Court. The petition requested a rule asking why the 27 March ruling and the 27 April gazette should not be declared illegal, and why directions should not be given to prevent Ishraque Hossain from taking the oath.

The petition also sought suspension of the ruling and gazette while the rule is under consideration.

Meanwhile, Ishraque's supporters have initiated a blockade programme at Nagar Bhaban, demanding that he be sworn in as the mayor of Dhaka South City Corporation.

They have been carrying out these programmes for the past few days.