What will happen in Chattogram-4 constituency after BNP’s Aslam Chowdhury's candidacy cancelled?

The Appellate Division on Tuesday allowed an appeal filed by Anwar Siddiqui, the Bangladesh Jamaat-e-Islami candidate for the Chattogram-4 constituency, challenging the validity of the candidacy of BNP candidate Aslam Chowdhury in the 13th Jatiya Sangsad election.

The ruling has raised questions over whether the constituency will hold a fresh election or whether the candidate who secured the second-highest number of votes will be declared elected.

The 13th Jatiya Sangsad election took place on 12 February. Aslam Chowdhury contested the Chattogram-4 seat as the BNP candidate.

However, the court had suspended the publication of his election result pending its decision. The Appellate Division delivered its verdict today, Tuesday.

Following the judgment, Mohammad Shishir Manir, counsel for Anwar Siddiqui, told a media briefing, "Aslam Chowdhury contested this election while he was a loan defaulter, and through this judgment the court has declared his participation in the election unlawful. In other words, Aslam Chowdhury has become a disqualified candidate. What will happen to the Chattogram-4 constituency after a candidate has been disqualified will become clear once the Appellate Division publishes its full judgment."

Shishir Manir added, "Ordinarily, if the candidate who finishes first in a constituency is disqualified, the candidate who finishes second is declared elected. However, we will know whether the Appellate Division gives any specific direction beyond that once the full judgment is published."

However, Attorney General Mohammad Ruhul Quddus Kazal believes that Aslam Chowdhury would face no legal obstacle to contesting if a fresh election takes place in the Chattogram-4 constituency.

Responding to a question from journalists at his office after the Appellate Division's ruling, the Attorney General said, "Look, a person's disqualification for a specific period does not last for life. Although the appeal succeeded in relation to the previous election, meaning that despite being elected he may not be able to enjoy the result of that election, if he removes the ground of disqualification and becomes eligible before the next election, there should be no legal obstacle preventing him from contesting as a candidate."

According to the lawyers involved in the case, the central issue was Aslam Chowdhury's status on the day he submitted his nomination papers—specifically, whether he was a loan defaulter at that time.

According to the unofficial results of the 13th Jatiya Sangsad election, BNP candidate Aslam Chowdhury received the highest number of votes in the Chattogram-4 constituency, while Bangladesh Jamaat-e-Islami candidate Anwar Siddiqui secured the second-highest number of votes.