The Appellate Division has deferred the hearing of a leave to appeal filed by Nahid Islam, convenor of the National Citizen Party (NCP), challenging the candidacy of MA Quayum, the Bangladesh Nationalist Party (BNP) nominated candidate for the Dhaka-11 constituency.
Nahid filed the petition alleging dual citizenship and concealment of information in Quayum’s affidavit.
On Tuesday, following a request for time from counsel, the Appellate Division bench headed by Chief Justice Zubayer Rahman Chowdhury placed the matter as “not today”. As a result, the court may hear the leave to appeal after the election.
The 13th National Parliament Election and the referendum will take place on 12 February.
Speaking to Prothom Alo, Quayum’s senior counsel Ahsanul Karim said, “The petitioner sought time, and the court fixed the matter as ‘not today’. Accordingly, the hearing on the leave to appeal may take place after the election. There is no legal bar to Quayum contesting the election in the meantime.”
Senior advocate Mohammad Hossain, along with advocates MK Shahnewaz and Zahirul Islam Musa, represented Nahid Islam. Senior advocate Ahsanul Karim and Md Ruhul Quddus appeared for Quayum.
Nahid’s counsel MK Shahnewaz also told Prothom Alo that the court deferred the hearing due to the request for time and that the hearing would take place after the election.
Earlier, on 3 January, following scrutiny of nomination papers at the Divisional Commissioner’s office in Segunbagicha, the returning officer declared Quayum’s nomination valid.
On 22 January, the divisional commissioner and returning officer allotted him the Sheaf of Paddy symbol.
Nahid subsequently filed a writ petition in the High Court on 2 February, challenging the legality of those decisions.
He alleged that Quayum holds citizenship of Vanuatu, amounting to dual citizenship, and that he concealed this information in his affidavit.
After hearing the matter, the High Court directly dismissed the writ petition on 3 February.
Nahid then filed a leave to appeal on 5 February, seeking a stay on the declaration of Quayum’s candidacy and the allotment of the Sheaf of Paddy symbol.
The Appellate Division’s Chamber Court listed the leave to appeal on Monday and fixed it for hearing before the regular bench on Tuesday, where the matter appeared on the day’s cause list before the court deferred it.