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The High Court on Thursday ruled that BNP candidate Sarwar Alamgir, who was unofficially declared the winner of the Chattogram-2 constituency in the 13th parliamentary election, is eligible to take oath as a member of parliament.
A High Court bench comprising Justice Fahmida Quader and Justice Md Asif Hasan declared his candidacy valid by making absolute a previously issued rule.
Following the verdict, the petitioner’s lawyer, Barrister A M Mahbub Uddin Khokon, told reporters that the Election Commission could now proceed with the remaining formalities.
“There is no longer any legal obstacle to publishing the gazette notification or administering the oath,” he said.
The court had fixed Thursday for delivering the verdict after concluding hearings on the rule on July 2.
Senior lawyer Ahsanul Karim and Barrister A M Mahbub Uddin Khokon represented Sarwar Alamgir, while senior lawyer Mohammad Shishir Monir and lawyer Azim Uddin Patwari appeared for Jamaat candidate Md Nurul Amin.
After the returning officer declared Sarwar Alamgir’s nomination valid, Nurul Amin challenged it before the Election Commission, alleging that Alamgir was a loan defaulter. On January 18, the Election Commission cancelled his candidacy.
Sarwar Alamgir then filed a writ petition with the High Court, which on January 27 stayed the Election Commission’s order and allowed him to contest the election.
Nurul Amin later sought leave to appeal before the Appellate Division. On February 3, the Appellate Division allowed the leave petition, permitting Sarwar Alamgir to contest the election but ordering that the result remain withheld until the appeal was resolved.
Sarwar Alamgir was unofficially declared the winner in the February 12 election, but the result was not published due to the court order.
Following a hearing on Nurul Amin’s appeal, the Appellate Division on June 16 disposed of the appeal and directed the High Court to settle the pending rule as quickly as possible, preferably within two weeks.
With Thursday’s judgment, the High Court has concluded the matter, clearing the way for the Election Commission to publish the official gazette and administer the oath.