A leave-to-appeal petition was on Monday filed seeking stay on the lower court verdict and gazette notification issued by the Election Commission, announcing Ishraque Hossain as the mayor of Dhaka South City Corporation (DSCC).
Senior Advocate Mohammad Hossain filed the leave-to-appeal petition at the Appellate Division which is likely to hear it on Tuesday.
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On May 22, the High Court dismissed a writ petition that sought a directive against administering the oath of office to BNP leader Ishraque as mayor DSCC, clearing the way for his swearing-in.
On May 14, Dhaka South resident Md Mamunur Rashid filed the writ petition seeking a stay on Ishraque’s swearing-in and disciplinary action against the judge who declared him mayor.
The petition also challenged the validity of the lower court’s verdict, which overturned the result of the 2020 DSCC polls.
The same High Court bench had fixed May 22 for delivering its order on the matter after hearing arguments on May 21.
Advocate Kazi Akbar Ali represented the petitioner during the hearing, while Ishraque was represented by his legal team, who welcomed the decision and said there was now no legal barrier to his taking oath as DSCC mayor.
The development comes nearly two months after a lower court annulled the 2020 DSCC election result and declared Ishraque the BNP-nominated candidate, as the rightful mayor.
On February 1, 2020, Awami League candidate Sheikh Fazle Noor Taposh was declared the winner of the DSCC election, defeating Ishraque by a margin of nearly 200,000 votes. However, on 27 March 2024, Judge Md Nurul Islam of the Dhaka First Joint District Judge and Electoral Tribunal nullified that result and declared Ishraque the victor.
Following the verdict, the constitutional body sought legal advice from the Ministry of Law on 22 April regarding publication of the gazette.
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Subsequently, on 27 April, the Election Commission issued a gazette notification announcing Ishraque Hossain as the new mayor of DSCC.
Meanwhile, supporters of Ishraque resumed their protests in front of Nagar Bhaban on Monday, demanding that he be handed over the responsibilities of DSCC mayor without further delay.