Referring to BNP leader Ishraque Hossain, Local Government and Rural Development (LGRD) Adviser Asif Mahmud Shojib Bhuyain has said the tenure of Dhaka South City Corporation mayor has ended, and therefore, there is no opportunity for administering an oath.
Speaking to reporters on Wednesday at the ministry, the adviser stated, "As you all know, the tenure of the city corporation has already expired. Therefore, there is currently no legal ground for the oath at this point."
He explained that the Election Commission issued the gazette notification declaring Ishraque mayor but informed relevant stakeholders about it 15 days later. "By that time, the validity of the gazette had already expired — it had been 20 days. This makes the situation quite confusing," he said.
"According to the observations from the Appellate Division, taking any decision based on an expired gazette is highly problematic. We are not legal experts, but our law adviser has clarified the legal complications very well," he added.
The adviser further said the recent developments surrounding the city corporation could have been handled more maturely.
"We have noticed that due to the current state of affairs, the Dhaka South's functions have been severely disrupted. Many offices seem to be under unofficial occupation, which has prevented us from delivering essential citizen services," he said.
Since May 14, Ishraque Hossain's supporters have been observing the sit-in programme by locking every gate of Nagar Bhaban. At the same time, they had announced that they will continue this movement until Ishraque is given the responsibility of mayor.
The controversy over Ishraque's mayoral oath stems from the February 1, 2020 Dhaka South election, where Sheikh Fazle Noor Taposh of the Awami League was declared the winner amid allegations of irregularities.
Ishraque challenged the results in court, and on March 27 this year, Dhaka's First Joint District Judge and Election Tribunal declared Ishraque the mayor, nullifying the earlier result. The Election Commission published a gazette declaring Ishraque mayor on April 27.
However, on May 14, a writ petition was filed by Supreme Court lawyer Md Mamunur Rashid seeking to block Ishraque's oath-taking.
The Local Government Ministry postponed the swearing-in, citing legal complications.
On May 29, the Appellate Division in an order said it is up to the Election Commission to decide whether Ishraque will be sworn in as the mayor of Dhaka South City Corporation.
