The Appellate Division’s full bench on Wednesday upheld its earlier stay on a High Court order that had halted the Dhaka University Central Students’ Union elections, effectively clearing the way for the polls scheduled on September 9.
The seven-member bench, led by chief justice Syed Refaat Ahmed, confirmed the September 2 stay order issued by chamber judge Justice Farah Mahbub.
The apex court ruled that the stay on the High Court’s suspension of the election would remain in effect until October 30.
The court passed the order after nearly two hours of hearing a provisional petition filed by Dhaka University authorities, seeking permission to appeal the September 1 High Court order which stayed the DUCSU election over questions surrounding a candidate’s political background.
The legal dispute stems from a writ petition filed by BM Fahmida Alam, a candidate from the leftist panel Aparajeyo 71 – Adamya 24.
She challenged the eligibility of SM Farhad, the general secretary candidate from the Islami Chhatra Shibir panel, citing evidence of his alleged prior affiliation with the now-banned Bangladesh Chhatra League.
Fahmida submitted official BCL documents dated November 27, 2022, listing Farhad as joint general secretary of the BCL’s Dhaka University Social Welfare and Research Institute unit. The document bore signatures of former BCL president Sanjit Chandra Das and general secretary Saddam Hossain.
Responding to the petition, the High Court on September 1 ordered a stay on the DUCSU election and directed the election tribunal to investigate Farhad’s eligibility.
It also issued a rule asking why his candidacy should not be cancelled and why he should not be disqualified from contesting or voting. The High Court fixed October 30 for the next hearing.
Later that same day, chamber judge Justice Farah Mahbub stayed the High Court order after receiving a handwritten application from university lawyer Mohammad Shishir Manir. That stay is now affirmed by the full bench, allowing the election process to move forward as scheduled.
