Asif Mahmud Sajib Bhuiyan, Advisor to the Ministry of Local Government, has outlined ten legal and procedural complexities as reasons for not administering the oath to BNP leader Ishraque Hossain as Mayor of Dhaka South City Corporation.
In a post from his verified Facebook profile at around 3 pm on Monday (May 19), Mahmud explained the following points:
Violation of High Court Ruling: The Election Commission Tribunal's verdict contradicts a High Court decision that deemed the petition amendment illegal.
One-Sided Judgment: The verdict was delivered in the absence of the Election Commission, and no appeal was filed afterwards.
Premature Gazette Notification: The Election Commission published the official gazette at 10 pm before receiving a legal opinion from the Law Ministry and ignored two legal notices submitted by citizens.
Lack of Involvement by Local Government Division: The Local Government Division was not a party to the case, and the verdict issued no directive to it.
Pending Writ Petition: A writ petition has been filed, making the Local Government Division a respondent for not administering the oath. The case is still under judicial review.
Contradictory Tribunal Rulings: In a similar Barisal City Corporation case, the tribunal dismissed the matter, respecting the High Court's stance on petition amendments. This inconsistency raises concerns.
Term Uncertainty: There is ambiguity over how long Ishraque would serve as mayor or whether any tenure remains.
Legal Complications Acknowledged: The Election Commission's letter mentioned taking action "only if there are no legal complications.'' However, the existing controversial verdict, legal notices, and the pending writ clearly indicate legal hurdles.
Awaiting Legal Opinion: The Law Ministry has been asked for its formal opinion to resolve the issue.
Question of Legitimising Previous Elections: The matter raises broader questions about legitimising elections held during the Awami League era. If political parties acknowledge the legitimacy of those elections, such complications could be avoided.
Mahmud stated that until the legal matters are resolved and the above issues are addressed, administering the oath is not feasible. He criticised the Dhaka city unit of the BNP for forcibly locking down the city corporation building in an attempt to pressure the government, disrupting municipal operations and causing public inconvenience.
He also expressed dismay at what he called "personal attacks" from Ishraque Hossain, stating, "I see no reason for this aggressive and insulting behaviour." He added that intelligence reports and directives from BNP and affiliated organisations confirm that the ongoing protests are being carried out by party activists, not ordinary citizens.
