Dhaka, May 30 (V7N) – The Appellate Division of the Supreme Court has directed the Election Commission (EC) to resolve the complications surrounding BNP leader Engineer Ishraq Hossain’s oath as Mayor of Dhaka South City Corporation (DSCC) in accordance with constitutional principles.

While disposing of a leave to appeal against the High Court’s dismissal of a writ petition challenging Ishraq's mayoral gazette, the apex court emphasized that the EC is an independent constitutional body and must act accordingly. The court also issued sharp criticism of the EC's dependence on the Ministry of Law for guidance on the matter.

Chief Justice Dr. Syed Refat Ahmed, who led the seven-member Appellate Division bench, remarked, “Why should the Election Commission rely on the Ministry? It is a constitutional body and should make its own decisions.” He further said that the essence of the nation’s democratic movement was to restore the dignity and autonomy of constitutional institutions.

The court’s comments came after it heard arguments from:

  • Dr. Md. Yasin Khan on behalf of the Election Commission,

  • Advocate Mohammad Hossain for the writ petitioner, and

  • Barristers Mahbub Uddin Khokon and Kaiser Kamal representing Ishraq Hossain.

Background

On March 27, the First Joint District Judge and Election Tribunal declared BNP's Ishraq Hossain as the rightful mayor of DSCC. Following this, the Election Commission issued a gazette notification on April 29, recognizing him as mayor.

However, a writ was filed challenging the legality of the EC's gazette. Although the High Court dismissed the writ on May 22, a subsequent appeal sought to block Ishraq from taking the oath. While the Appellate Division refused to issue a stay order, it criticized the EC for seeking direction from the ministry rather than exercising its own authority.

EC Must Act Independently

The Appellate Division made it clear that the EC’s decision on the matter will be final, and the government is obligated to administer the oath based on that decision. Barrister Mahbub Uddin Khokon stated that although the petitioners sought suspension of the gazette, the court did not grant it — meaning the gazette remains valid.

He added, “We hope the government will now proceed to administer the oath. The Appellate Division’s ruling affirms that the EC is empowered to resolve this issue without ministry interference.”

Future Steps

The petitioner's lawyer, Advocate Mohammad Hossain, warned that if the EC does not challenge the Election Tribunal’s ruling, further legal steps may be taken. He claimed the gazette has already expired, making an oath impossible without new procedural steps.

Meanwhile, the Election Commission has said it will review the Supreme Court’s observations before making a final decision.

END/MSS/AJ