SC upheld HC order that rejected writs challenging legality of presidential election
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The Appellate Division of the Supreme Court has upheld a High Court order that summarily rejected two writ petitions filed challenging the legality of the process of electing Md Shahabuddin as President of the country.
Chamber judge of the Appellate Division Justice Jahangir Hossain passed the order on Tuesday after hearing an appeal petition filed by writ petitioner MA Aziz Khan challenging the HC order.
In the petition, he sought stay on the HC order and on the gazette notification that declared Md Shahabuddin elected as President of the state.
Following the apex court order, there is no legal bar for Md Shahabuddin to take oath as President and discharge other relevant functions, said Additional Attorney General SK Md Morshed who appeared in the court hearing representing the state.
A number of lawyers including ABM Altaf Hossain appeared for Md Shahabuddin, while MA Aziz Khan argued for himself during the hearing.
On March 15, the HC summarily rejected two separate writ petitions that challenge the legality of the process for electing Md Shahabuddin as President of the country.
The HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir passed the order after holding hearing on the petitions.
Supreme Court lawyers M A Aziz Khan and Abdul Momin Chowdhury filed the petitions, also praying to HC to stay the operation of the gazette notification that declared Md Shahabuddin president-elect of the country.
MA Aziz Khan said in the petition that under Section 9 of the Anti-Corruption Commission Act, 2004, Md Shahabuddin cannot be appointed President of the republic as he is a retired Commissioner of ACC and the post of the President is an office of profit.
Chief Election Commissioner Kazi Habibul Awal in a media briefing on February 13 said Md Shahabuddin was “elected” president of the republic, not “appointed”, but this is not correct, according to the petitioner.
The meanings of “elected” and “appointed” are the same, the lawyer said, adding that if the Election Commission scrutinised the nomination paper of the presidential candidate properly, Shahabuddin would not have been elected.
Md Shahabuddin, a retired judge and former ACC commissioner, was declared president-elect of Bangladesh on February 13. Incumbent President Abdul Hamid’s tenure will expire on April 23 and he cannot become President again as he was elected for two terms.