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Friday, December 5th, 2008
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The High Court (HC) yesterday upheld the Election Commission’s (EC) decision, banning city corporation mayors from contesting the parliamentary election.

The court dismissed the writ petition filed by Dhaka City Corporation (DCC) Mayor Sadeque Hossain Khoka challenging the EC’s decision.

After hearing, the HC bench of Justice Tariq ul Hakim and Justice Farah Mahbub delivered the verdict on the grounds that the incumbent mayors are not eligible for contesting the polls as they hold office of profit.

Following the HC judgment, the mayors of six city corporations cannot contest the upcoming parliamentary election, the lawyers concerned said.

Khoka’s counsel Advocate Khandaker Mahbubuddin Ahmed said he did not receive any instruction from his client to file appeal with the Supreme Court against the High Court verdict.

The EC on November 17 decided that mayors are not qualified to contest the national election since they enjoy financial and other benefits from statutory authorities like city corporations and municipalities.

According to the decision, a person shall be disqualified for contesting the parliamentary election if he holds office of profit.

To run in the election race, the mayors will have to resign from their posts before filing of the nominations, it said

On November 23, Khoka filed the petition with the HC challenging the decision and seeking a stay on its operation.

The HC on November 25 stayed the operation of the decision. It also issued a rule on the EC to explain why its decision, debarring the city mayors from contesting the general election should not be declared illegal.

Following similar writ petitions, the HC later stayed the decision restricting Chaiitagong City Corporation (CCC) Mayor ABM Mohiuddin Chowdhury and Khulna City Corporation (KCC) Mayor Talukder Abdul Khaleque to contest the national elections.

Shahdeen Malik stood for the EC during the hearing of the petition yesterday.


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