The Appellate Division on Thursday refused to intervene in the Dhaka South City Corporation mayoral dispute and left the matter to the Election Commission, reaffirming that the commission must discharge its constitutional responsibilities independently and in accordance with law.
A seven-member bench led by chief justice Syed Refaat Ahmed made the observation while disposing of a leave-to-appeal petition filed by Dhaka South resident and lawyer Mamunur Rashid.
The petitioner challenged the legality of the Election Commission鈥檚 April 27 gazette that declared Bangladesh Nationalist Party leader Ishraque Hossain as mayor, replacing Awami League-backed mayor Sheikh Fazle Noor Taposh, based on a March 27 tribunal verdict.
The court criticised the Election Commission for its failure to exercise its constitutional authority, warning that it had abdicated its role by relying on the legal opinion of the law ministry, an action the bench said was not sanctioned by law.
It said that institutions must uphold the spirit of constitutional governance and independence, a principle reignited during the July 2024 student-led mass uprising.
The supporters of Ishraque on Thursday staged demonstrations for the 13th consecutive day, halting civic services and demanding the implementation of the tribunal verdict and EC gazette.
Following the verdict, BNP leader Ishraque Hossain warned of intensified protests if the government and Local Government Division failed to promptly arrange his swearing-in.
鈥業t鈥檚 the ministry鈥檚 deliberate delay that has stalled Nagar Bhaban鈥檚 activities for two weeks,鈥� Ishraque said during a protest.
Chief election commissioner AMM Nasir Uddin told reporters that the EC had not yet received the Supreme Court鈥檚 full verdict.
鈥榃e will proceed after examining the law and the court鈥檚 decision,鈥� he said.
The Commission鈥檚 lawyer Mohammad Yeasin Khan informed the court that the EC had sought legal opinion from the law ministry after the mayoral posts were vacated on August 19, 2024, but the ministry had not responded.
He added that the EC had issued the gazette fearing contempt of court, as the election tribunal had directed it to act within 10 days.
The court, however, rebuked the commission鈥檚 approach as a constitutional failure. One of the justices remarked, 鈥榊ou must show the people that you are empowered and independent, as mandated by the Constitution.鈥�
Mamunur Rashid鈥檚 lawyer Mohammad Hossain argued that the tribunal process was flawed and marred by fraud and legal misapplication.
He said the EC issued the gazette without appealing the tribunal verdict, which undermined due process.
Ishraque鈥檚 counsel AM Mahbub Uddin Khokon told 抖阴精品 that there was no legal bar to Ishraque taking oath as mayor, as the apex court did not stay the EC gazette.
He stressed that the Election Commission, being a constitutionally autonomous body, is empowered to act accordingly.
He further contended that the April 27 gazette had lost legal effect on May 27 as the Local Government Division failed to administer the oath within 30 days.
Mamunur also challenged a May 22 High Court order that dismissed his writ against the tribunal verdict and the gazette.
The Appellate Division reiterated that the EC must apply the same legal standard in all electoral disputes, whether related to local government or parliamentary elections.
The commission鈥檚 lawyer admitted that the newly formed EC mishandled the issue due to inexperience.
Earlier, the court had asked the EC to clarify its stance on Ishraque鈥檚 swearing-in and postponed the hearing of an appeal against it.
Ishraque鈥檚 lawyer said that the commission had not challenged the tribunal verdict and even issued a letter to the Local Government Division on May 12 confirming the replacement of Taposh.
Ishraque鈥檚 long-standing challenge to the 2020 DSCC mayoral result gained traction after the August 5, 2024 fall of the Awami League regime, when all mayoral posts were vacated on August 19, 2024.