Appeal Upheld, Aslam Chowdhury’s Candidacy Cancelled

Bangladesh’s Appellate Division has upheld an appeal challenging the eligibility of BNP candidate Aslam Chowdhury for the Chattogram-4 constituency in the 13th Jatiya Sangsad election, effectively cancelling his candidacy.

The verdict was delivered on Tuesday by a four-member bench of the Appellate Division headed by Chief Justice Zubayer Rahman Chowdhury, bringing to a close a lengthy legal dispute over Chowdhury’s qualification to contest the parliamentary election.

The court had concluded hearings on the appeal on 15 June and reserved its judgement for a later date. On Tuesday, it formally allowed the appeal filed by Bangladesh Jamaat-e-Islami candidate Anwar Siddiqui, who had challenged Chowdhury’s eligibility on the grounds of loan default.

The 13th parliamentary election was held on 12 February. Although Aslam Chowdhury contested the Chattogram-4 seat as the BNP nominee, the publication of any result relating to his candidacy had remained suspended under an earlier order of the Appellate Division pending the final outcome of the case. Tuesday’s ruling has now resolved that legal uncertainty.

Speaking after the judgement, senior advocate Mohammad Shishir Monir, counsel for Anwar Siddiqui, said the court’s decision meant that Aslam Chowdhury had been declared ineligible to contest the election. As a result, his nomination stands cancelled and no election result relating to his candidacy will be published.

The legal battle began after the High Court upheld Chowdhury’s nomination despite objections to his eligibility. Anwar Siddiqui subsequently sought leave to appeal before the Appellate Division, arguing that Chowdhury was disqualified because of his alleged status as a loan defaulter.

On 3 February, the Appellate Division granted leave to appeal. At the same time, it ordered that if Chowdhury were to secure victory in the election, the publication of the result relating to him would remain suspended until the appeal had been finally decided.

Following the grant of leave, Siddiqui filed the substantive appeal on 31 March. On 28 April, the Chamber Judge of the Appellate Division referred the matter to the court’s regular bench for a full hearing.

The case also drew the involvement of financial institutions. Bank Asia PLC filed its own petition seeking leave to appeal against the High Court order that had upheld Chowdhury’s candidacy. Jamuna Bank PLC likewise submitted a separate application challenging the same judgement. These proceedings were heard alongside the principal appeal as they concerned the same legal issues surrounding the candidate’s eligibility.

Given the significance of the constitutional and electoral questions involved, the Appellate Division appointed two senior lawyers as amici curiae on 10 June to assist the court with independent legal opinions. Senior advocates M Kamrul Haque Siddiqui and Prabir Neogi subsequently participated in the proceedings in that capacity.

During the hearings, senior advocate Mohammad Shishir Monir represented Anwar Siddiqui, assisted by advocates Mohammad Saddam Hossain and Zayed Bin Amzad. Appearing for Aslam Chowdhury were senior advocates A M Mahbub Uddin Khokon and Md Miftah Uddin Chowdhury, with advocate Rokon Uddin Md Faruk. Senior advocate Kamal Ul Alam represented Bank Asia PLC, while advocate A S M Shahriar Kabir appeared on behalf of Jamuna Bank PLC.

The ruling marks the final judicial determination of the dispute over Aslam Chowdhury’s eligibility in the Chattogram-4 constituency. By allowing the appeal, the Appellate Division has overturned the legal basis on which his candidacy had previously been upheld, ending months of uncertainty surrounding the constituency’s election process and confirming that no official result relating to his candidacy will be declared.