Two Dhaka residents have issued a legal notice to the authorities concerned, urging them to appeal or seek a review against the verdict and decree by the Dhaka First Joint District Judge and Electoral Tribunal, which declared BNP leader Ishraque Hossain as mayor.
The notice also requests that no gazette be published in the name of Md. Ishraque Hossain and that he should not be sworn in.
The notice was sent on Sunday (April 27), but the matter came to public attention today, Monday (April 28). However, on the night of Sunday (April 27), the Election Commission issued a gazette (corrective notification) declaring Ishraque as mayor.
Md. Moniruzzaman, the lawyer for the two residents, confirmed the issuance of the notice. He said the notice was served on behalf of the two citizens on Sunday.
However, on the same night, the Election Commission issued the gazette. He added that the next steps would be decided after consulting with the notice givers.
On March 27, Judge Md. Nurul Islam of the Dhaka First Joint District Judge and Electoral Tribunal annulled the 2020 Dhaka South City Corporation (DSCC) election result, which had declared Fazle Noor Taposh the winner, and instead declared BNP leader Ishraque Hossain as mayor.
Following this, lawyer Moniruzzaman, on behalf of Dhaka’s Kakrail residents Md. Rafiqul Islam and Md. Mamunur Rashid, sent the legal notice addressed to the Secretary of the Local Government Division, the Law Secretary, the Chief Election Commissioner, the Secretary of the Election Commission, Judge Md. Nurul Islam, and Md. Ishraque Hossain.
Lawyer Moniruzzaman stated that the verdict was given hastily without following the proper procedure. "We had expected that the Election Commission would challenge the verdict, but it didn’t. Furthermore, news reports today mentioned that the Legal Advisor said the notice was issued without waiting for the Law Ministry’s opinion.
The Tribunal cannot issue any order that has no enforceability. The term has already ended, and the mayor’s post was vacated through an ordinance," he added.