Top court slates EC’s role in Ishraque declaration, path forward unclear

The Supreme Court's Appellate Division has disposed of a petition seeking to block the oathtaking of BNP leader Ishraque Hossain as Dhaka South mayor with observations.

Expressing dissatisfaction over the role of the Election Commission (EC), which has not been able to play an active role in solving the issue, the top court said that the polls watchdog was unable to properly fulfil its constitutional responsibility in this matter.

A seven-judge appellate bench led by Chief Justice Syed Refaat Ahmed made the observation on Thursday.

It is, however, still unclear whether Ishraque will be sworn in as the mayor of the Dhaka South City Corporation (DSCC).

The Supreme Court also expressed dismay over the EC seeking the opinion of the law ministry on issuing the gazette declaring Ishraque as mayor.

The Appellate Division said that the Constitution has given the EC the power to perform its duties independently. Instead of exercising that power, the EC sought the opinion of the law ministry. However, according to the Constitution, the ministry is supposed to support the EC.

After the hearing, EC lawyer Yasin Khan said that the watchdog will decide on Ishraque as a constitutional body and that the court's observations will be detailed when the written verdict is published.

The lawyer also commented that the court did not overturn the gazette issued by the Election Commission declaring Ishraque as mayor.

However, lawyers on both sides of the petition are claiming a win.

The writ petitioner's lawyer Mohammad Hossain said that since the Supreme Court has settled the matter, they believe that the gazette issued by the Election Commission declaring Ishraque as mayor is no longer valid.

On the other hand, Ishraque's lawyer Mahbub Uddin Khokon said: "The gazette is still valid. We think that the government will administer the oath to him, it was the government's responsibility to administer the oath to him."

The most recent DSCC election was held on Feb 1, 2020. Awami League candidate Sheikh Fazle Noor Taposh defeated BNP’s Ishraque, son of former Dhaka mayor Sadeque Hossain Khoka, by nearly 200,000 votes in the polls.

Following the change in government in 2024, the Dhaka Election Tribunal on Mar 27 annulled the 2020 results and declared Ishraque the rightful mayor. The EC subsequently published a gazette notification on Apr 27, formally recognising him as DSCC mayor.

However, on May 14, a resident of Dhaka South and Supreme Court lawyer Md Mamunur Rashid filed a writ petition in the High Court seeking to halt Ishraque’s swearing-in.

In response, Ishraque’s supporters began protesting the same day, demanding that he be sworn in. Their demonstrations brought administrative operations at Nagar Bhaban to a virtual standstill. The protests have continued for over two weeks.

Citing legal complexities, the Local Government Division held back on arranging the swearing-in until the matter was resolved in the judiciary. Ishraque has expressed his anger over the decision and has demanded the resignation of Local Government Advisor Asif Mahmud Shojib Bhuyain over the delay.

The High Court dismissed the petition on May 22 on the grounds that the petitioner did not have the jurisdiction to file such a writ petition.

The petitioner then filed an appeal in the Appellate Division against the High Court order on Monday.

After hearing the leave to appeal, the Appellate Division disposed of the petition with observations on Thursday.