Appellate Division cancels BNP leader Aslam Chowdhury's candidacy in Chattogram-4

The Appellate Division has cancelled the candidacy of BNP leader Aslam Chowdhury, who was unofficially elected in the Chattogram-4 constituency in the 13th National Parliamentary Election, ruling that his election result cannot be published.

The verdict was delivered today (30 June) by a four-member bench of the Appellate Division led by Chief Justice Zubayer Rahman Chowdhury.

Earlier, after hearing the matter on 15 June, the Appellate Division had fixed today for delivering its verdict.

Senior lawyers Mohammad Shishir Manir and Barrister ASM Shahriar Kabir appeared for the Jamaat-e-Islami candidate, assisted by lawyer Md Azim Uddin Patwary.

Senior lawyer Miftah Uddin Choudhury and Barrister AM Mahbub Uddin Khokon represented Aslam Chowdhury.

Speaking to reporters at his office today after the Appellate Division delivered the verdict, Attorney General Ruhul Quddus Kazal said it would be premature to comment on whether a fresh election would be held in the constituency or whether the runner-up candidate would be declared elected.

Referring to the case, the attorney general said that, based on his understanding, public opinion had not been fully reflected because of the legal process involving the candidate who was elected.

"I expect that the public will get the opportunity to express their opinion once again," he said.

Kazal also said that, following the verdict, Aslam could no longer be considered to have contested the election as a valid candidate.

"The court has delivered a short order. There may be consequential directions on this matter, which will be clear in the full judgment. There is no alternative but to wait. Aslam Chowdhury's lawyers may review the judgment and decide on their next course of action," he added.

Notably, Aslam's nomination paper was declared valid by the Election Commission on 18 January, the final day of the appeal hearing, despite allegations that he was a loan defaulter.

After the High Court dismissed a writ petition filed by the bank challenging the Election Commission's decision, the bank authorities moved the Appellate Division.

Jamaat candidate Md Anwar Siddiqui subsequently filed a leave-to-appeal petition against the High Court order.

On 3 February, the Appellate Division granted leave to appeal against the decision allowing Aslam Chowdhury's candidacy to stand.

As a result, he was allowed to contest the election. However, the court ordered that the result for the constituency would remain and could not be published until the appeal was disposed of.

Although Aslam Chowdhury secured the highest number of votes in the parliamentary election held on 12 February, the result was not published because of the court order.

With today's verdict, his candidacy has been cancelled and the result cannot be published.