The Chamber Court of the Appellate Division of the Supreme Court on Tuesday upheld a High Court order saying the process of electing Md Shahabuddin as the 22nd president of Bangladesh was valid.
Appellate Division Chamber Judge Jahangir Hossain Selim gave this order after rejecting a leave to appeal by Supreme Court lawyer MA Aziz against the High Court order dismissing two writs which challenged the validity of Election Commission's gazette declaring Md Sahabuddin as the president-elect.
Additional Attorney General Sheikh Mohammad Morsed represented the state in the court and he was accompanied by the Assistant Attorney General Md Saiful Alam.
Advocate MA Aziz Khan stood for the writ petition.
On 15 March, the High Court dismissed two writs challenging the validity of EC's gazette declaring Sahabuddin as President-elect.
On 13 February, the chief election commissioner declared the ruling Awami League-backed Shahabuddin, a former commissioner of the Anti-Corruption Commission, the president-elect unopposed as he was the lone candidate for the office.
At an emergency press conference at the Election Commission, the CEC stated that Section-9 of the ACC Act provides that no commissioner shall be eligible for appointment to any profitable post in the republic after retirement. However, he clarified that the post of president is not profitable and Shahabuddin's election was not an appointment but an election.
However, on 7 March, Supreme Court lawyer MA Aziz Khan filed a petition, seeking suspension of the notification.
Additionally, on 12 March, six Supreme Court lawyers including Abdul Momen Chowdhury and KM Jabir filed another writ seeking to cancel the effectiveness of the notification of the EC declaring Shahabuddin elected for the position of president. On 14 March, this writ was also submitted to the bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir for a hearing.
Md Shahabuddin will replace President Abdul Hamid, who will complete his second term on 23 April this year.