The Appellate Division on Wednesday cleared the way for BNP lawmaker Sarowar Alamgir to continue in office as the MP for Chattogram-2 after removing from its cause list a petition seeking to stay the High Court verdict that upheld the validity of his nomination.
The four-member bench, headed by the Chief Justice Zubayer Rahman Chowdhury, also declined to hear a plea seeking to bar Sarwar from attending parliamentary sessions while the legal challenge remains pending.”
Attorney General Md Ruhul Quddus Kazal said the Appellate Division’s order effectively allows Sarwar to continue discharging his duties as an MP.
The petition was filed by Muhammad Nurul Amin, the Jamaat-e-Islami candidate who contested the Chattogram-2 constituency in the 13th National Parliamentary Election.
Sarowar was represented in court by lawyers Ahsanul Karim and AM Mahbub Uddin Khokon, while Mohammad Shishir Monir and Azim Uddin Patwari appeared on behalf of Nurul Amin.
The Attorney General appeared on behalf of the state.
Meanwhile, the Supreme Court published the full 23-page copy of the High Court judgment on the night of 28 July, upholding the validity of Sarowar’s nomination papers.
Following the release of the verdict, Nurul Amin’s counsel said they would challenge the decision before the Appellate Division.
The dispute began after the returning officer accepted Sarowar Alamgir’s nomination papers for the Chattogram-2 constituency.
Rival candidate Nurul Amin challenged the decision before the Election Commission, alleging that Sarowar was a loan defaulter.
On 18 January, the Election Commission cancelled Sarowar’s candidature after hearing the appeal.
Sarowar subsequently challenged the decision in the High Court. On 27 January, the court stayed the Election Commission’s order, allowed him to contest the election, and issued a rule.
Nurul Amin later sought leave to appeal before the Appellate Division. On 3 February, the court granted leave, permitting Sarowar to remain in the race while directing that the election result for the constituency should not be published until the appeal was disposed of.
Although Sarowar was unofficially declared the winner in the 12 February election, the result was withheld in compliance with the court’s directive.
Following further hearings, the Appellate Division on 16 June instructed the High Court to dispose of the rule as expeditiously as possible, preferably within two weeks, while extending its interim order.
On 9 July, the High Court made the rule absolute, declaring Sarowar’s nomination valid.
The Election Commission subsequently issued the official gazette the same day, and Sarowar was sworn in as a member of parliament that evening.
Nurul Amin later filed a petition with the Appellate Division on 13 July, seeking a stay on the High Court judgment.
The petition argued that the Election Commission had published the gazette notification and administered Sarowar’s oath before the High Court’s written judgment had been released.
With Wednesday’s order removing the stay petition from the cause list, Sarowar Alamgir remains free to continue serving as the elected MP for Chattogram-2.
