Shawdesh desk:

The Appellate Division of the Supreme Court on Thursday declined to interfere in the dispute over the Dhaka South City Corporation mayoral post, leaving the matter to the Election Commission and reaffirming that the Commission must act independently in accordance with the Constitution and applicable laws.

A seven-member bench, led by Chief Justice Syed Refaat Ahmed, made the observation while disposing of a leave-to-appeal petition filed by lawyer Mamunur Rashid, a resident of Dhaka South. He challenged the legality of the Election Commission’s April 27 gazette declaring Ishraque Hossain as mayor, based on a March 27 verdict of an election tribunal.

Mamunur alleged that the tribunal’s process was flawed and involved fraud and misapplication of law. He argued that the EC had issued the gazette without appealing the verdict, thereby undermining due process.

Following the verdict, Mamun’s lawyer, Mohammad Hossain, told reporters that the EC must now either appeal the tribunal’s decision or risk further legal proceedings for dereliction of duty.

However, Ishraque’s lawyer, AM Mahbub Uddin Khokon, told New Age that there is no legal bar to Ishraque being sworn in, as the apex court did not stay the gazette. He asserted that the Election Commission, as a constitutionally autonomous body, has the authority to decide the matter.

Mamunur had also challenged a May 22 High Court order that dismissed his writ against the tribunal verdict and the EC gazette.

The Appellate Division strongly criticised the Election Commission for failing to uphold its constitutional duties. The court rebuked the Commission for seeking a legal opinion from the law ministry after receiving the tribunal verdict, saying the law does not permit such a move.

‘The Commission must act on its own authority. The law does not require it to seek legal advice in these matters,’ the court observed. It further noted that the spirit of constitutional governance—revived during the July 2024 student-led mass uprising—requires all institutions to exercise their mandates independently.

Earlier, the court had adjourned hearing on an appeal opposing Ishraque’s swearing-in, directing the EC to clarify its position.

Ishraque’s counsel told the court that the Commission had not contested the March 27 verdict, which led to the April 27 gazette replacing Awami League-backed mayor Sheikh Fazle Noor Taposh with Ishraque. He also referred to a May 12 EC letter to the Local Government Division confirming the change.

Ishraque’s long-dormant challenge to the 2020 DSCC mayoral election regained momentum after the Local Government Division on August 19 vacated the posts of all mayors across the country. The move came in the wake of the ouster of the Awami League government following the student-led mass uprising.

Supporters of Ishraque held street demonstrations for 13 consecutive days, halting civic services in parts of the capital, demanding that the Local Government Division administer his oath in line with the EC gazette and tribunal verdict.