Legal Hurdles Delay Ishraque Hossain’s Swearing-In as Dhaka South Mayor, Says Adviser Asif

The interim government is facing several legal complications in paving the way for BNP leader Ishraque Hossain’s swearing-in as Dhaka South City Corporation (DSCC) mayor.

Asif Mahmud Shojib Bhuyain, advisor to the Ministry of Local Government, Rural Development and Co-operatives—which oversees city corporations—said no decision can be made until these issues are resolved.

Speaking to journalists after signing an MoU with the United Nations Fund for Population Activities (UNFPA) at the National Sports Council on Monday, the advisor said the ministry has sought legal opinion from the law ministry regarding the complications surrounding Ishraque’s oath-taking.

Ishraque lost the DSCC election on Feb 1, 2020, to Awami League’s Sheikh Fazle Noor Taposh by nearly 200,000 votes.

But on Mar 27 this year, Judge Md Nurul Islam of the Dhaka Election Tribunal overturned the result and declared Ishraque mayor.

The Election Commission (EC) issued a gazette on Apr 27 naming him mayor, but he has yet to take the oath.

Protests demanding Ishraque be handed over the mayoral office began on May 14, paralysing operations at the city corporation.

On Saturday, they marched towards the Secretariat and declared Advisor Asif Mahmud “unwelcome” at Nagar Bhaban.

That day, Ishraque sent a letter to the ministry seeking his oath and told a press conference BNP’s paddy sheaf candidates face discrimination.

The protesters staged a "blockade" programme on Monday. They have also announced a sit-in outside the city corporation building on Tuesday.

On the day protests began, DSCC resident Md Mamunur Rashid filed a writ petition to block his oath and called for action against the tribunal judge behind the verdict.

In its Sunday notice, the Local Government Division said it would decide the next steps after the High Court rules on the writ petition.

The notification also urged Ishraque's supporters to refrain from causing "public suffering" ahead of the court's decision.

Advisor Asif Mahmud said many issues have been clarified in the statement issued by the Local Government Division and highlighted they are awaiting legal opinions from the Ministry of Law.

Following the Awami League government’s fall, the interim administration issued ordinances dissolving all city corporations and municipalities in August. Administrators were appointed in place of mayors. Even if not dissolved, the DSCC’s term would have expired in three months.

A key issue now is whether Ishraque would serve only the remaining term or begin a new tenure.

That decision depends on the Election Commission’s gazette, the law ministry’s interpretation and the steps taken by the Local Government Department.

The advisor said, “We have received a legal notice and have been named as respondents in a petition seeking to block the swearing-in. Until all legal matters are resolved, we cannot proceed. If there are no legal barriers, the swearing-in can take place.”

He also urged protestors—whom he termed members of a particular political party—to avoid causing public inconvenience.

“City corporation’s services are being disrupted. We expect them to remain patient and respect the judiciary.”