Ishraque’s mayoral post: SC full bench to hear leave-to-appeal petition tomorrow

A full bench of the Supreme Court is set to hear tomorrow a leave-to-appeal petition challenging a High Court order that upheld both a Dhaka tribunal's verdict and the Election Commission's decision declaring BNP-nominated candidate Mohammad Ishraque Hossain as the mayor of Dhaka South City Corporation (DSCC).

Chamber judge of the Appellate Division of SC Justice Md Rezaul Haque this afternoon sent the petition to its full bench for hearing on the issue tomorrow (tomorrow), petitioner's lawyer Mohammad Hossain Lipu told The Daily Star.

On May 26, Md Mamunur Rashid, who had earlier moved a writ petition before the HC against the tribunal's judgment and the EC's notification, filed the leave-to-appeal petition with the Appellate Division.

On May 22, the HC summarily rejected Mamunur's writ petition, which had sought a stay on the lower court judgment and the EC's decision.

The HC order cleared the way for Ishraque to be sworn in as DSCC mayor.

The bench of Justice Md Akram Hossain Chowdhury and Justice Debasish Roy Chowdhury came up with the order saying that the writ petition is not acceptable as the petitioner has no locus standi (right) to move such a petition before this court.

On March 27 this year, Dhaka's First Joint District Judge and Election Tribunal Judge Md Nurul Islam overturned the results of the 2020 DSCC election and declared Ishraque the winner, directing the EC to issue a gazette notification within ten days.

The EC complied with the tribunal's directive on April 27.

Meanwhile, Ishraque's lawyer has served a reminder notice on the secretary at the Ministry of Local Government, Rural Development (LGRD) and Cooperatives, asking him to administer him oath as DSCC mayor by May 26.

Barrister AM Mahbub Uddin Khokon, also a BNP leader and president of Supreme Court Bar Association, said in a notice that appropriate legal action will be taken against the LGRD secretary if his office does not administer the mayoral oath to Ishraque under Section 7(2) the Local Government (City Corporation) Act, 2009.