High Court dismisses writ, ‘clears’ Ishraque to be sworn in as Dhaka South mayor

The High Court has dismissed a petition challenging the Election Commission’s gazette declaring BNP leader Ishraque Hossain the mayor of the Dhaka South City Corporation (DSCC) and requesting a stay on his swearing-in.

As a result of the decision, there is nothing obstructing him from taking on the post, said lawyer Mahbub Uddin Khokon.

The bench of Justice Md Akram Hossain Chowdhury and Justice Debasish Roy Choudhury made the decision on Thursday after hearing arguments on the petition on Tuesday and Wednesday.

The court’s decision comes as Ishraque’s supporters held a week of protests to push for him to take on the responsibility of DSCC mayor.

Ishraque lost the DSCC election on Feb 1, 2020, to Awami League’s Sheikh Fazle Noor Taposh by nearly 200,000 votes.

But on Mar 27 this year, Judge Md Nurul Islam of the Dhaka Election Tribunal overturned the result and declared Ishraque mayor.

The Election Commission (EC) issued a gazette on Apr 27 naming him mayor, but he has yet to take his oath.

On 14 May, Supreme Court lawyer and Dhaka South resident Md Mamunur Rashid filed the writ plea, seeking to bar the swearing-in.

Meanwhile, Ishraque’s supporters have effectively brought activities at Nagar Bhaban to a standstill for over a week, demanding his immediate swearing-in.

While the High Court hearing was ongoing on Wednesday, protests continued in the capital’s Kakrail and Matsya Bhaban areas.

In response to the pro-Ishraque demonstrations, the National Citizen Party (NCP) held a rally outside Election Bhaban, calling for the Election Commission's reconstitution and local government elections. They accused the commission of partiality in publishing the gazette in favour of Ishraque.

Dismissing the allegation, the EC said that the NCP's claim is "politically motivated" and there is no precedent of the EC being a part of an electoral tribunal’s verdict.