SC clears Cumilla-10 BNP candidate Mobasher to contest polls, bars Cumilla-4’s Manzurul Ahsan

The Appellate Division of the Supreme Court today upheld a High Court order directing the Election Commission to allow BNP candidate Md Mobasher Alam Bhuiyan to contest the election from the Cumilla-10 constituency.

The apex court, however, allowed another candidate, Hasan Ahmed, to file an appeal challenging the HC order.

A full bench of the Appellate Division, headed by Chief Justice Zubayer Rahman Chowdhury, passed the order following a leave-to-appeal petition filed by Hasan against the HC ruling.

Mobasher’s lawyer, Senior Advocate Syed Mamun Mahbub, told The Daily Star that his client can contest the February 12 election as the Appellate Division has upheld the High Court order.

The Appellate Division has granted the leave-to-appeal petition filed on behalf of Hasan, as the apex court will examine the HC order, he said.

The appeal hearing will be held after the election, Advocate Mamun added, noting that there is no legal bar for Mobasher to contest the February 12 polls.

Senior Advocate Mohammad Hossain Lipu, who appeared for Hasan during the hearing, told this correspondent that Mobasher can contest the election, but the result will depend on the Appellate Division’s verdict on Hasan’s appeal.

The appeal hearing will be held after the election, he said.

Meanwhile, the Appellate Division affirmed an HC order that upheld the EC's decision cancelling the nomination of BNP candidate Md Abdul Gafur Bhuiayan for Cumilla-10 constituency on charge of his having dual citizenship.
The bench dismissed a leave to appeal petition filed by Gafur Bhuiayan challenging the HC order.
Kazi Nure Alam Siddique, a candidate of the Bangladesh Cultural Liberation Alliance from the same constituency had filed an appeal with the EC alleging Abdul Gafur Bhuiyan of having dual citizenship.

After a hearing on the matter on January 18, the EC cancelled Abdul Gafur Bhuiyan’s nomination.

Senior lawyers Fida M Kamal, AM Mahbub Uddin Khokon and Md Ruhul Quddus Kazal, along with lawyer Nasir Uddin Ahmed Asim, appeared on behalf of the writ petitioner, while senior lawyer Mohammad Hossain Lipu and lawyers Jyotirmoy Barua and ASM Shahriar Kabir represented Nure Alam Siddique and lawyer Md Faizullah stood for the EC during hearing of the petition.

in another order, the  full bench of the Appellate Division upheld an HC order that justified the EC's decision to cancel the nomination of BNP candidate from Cumilla-4 constituency Manzurul Ahsan Munshi on the ground of being a loan defaulter.

The bench dismissed a leave-to-appeal petition filed by Manzurul Ahsan challenging the HC order.

Senior Advocate Ahsanul Karim and Advocate Muhammad Saifullah Mamun appeared for Manzurul Ahsan.

On January 17, the EC cancelled Manzurul’s nomination, while it upheld the candidacy of National Citizen Party (NCP) nominee Hasnat Abdullah.

The EC’s decision came following two appeal hearings at its headquarters in Agargaon, Dhaka, on the eighth day of hearings against nomination cancellations ahead of the 13th national election scheduled for February 12.

According to the EC, Manzurul Ahsan lost his candidacy after the commission accepted Hasnat’s appeal, which alleged that the BNP candidate was a loan defaulter and had concealed loan information in his nomination papers.

Earlier, the returning officer of Cumilla-4 had declared Manzurul Ahsan’s nomination valid after scrutiny. In response, Hasnat Abdullah challenged the decision.

Manzurul Ahsan also filed a counter-appeal against Hasnat Abdullah’s nomination, claiming his affidavit lacked income and expenditure details.

The EC, however, rejected Manzurul Ahsan’s appeal and upheld Hasnat Abdullah’s candidacy.