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Published : 30 Jun 2026, 06:34 PM
The Election Commission (EC) says it will determine the fate of the Chattogram-4 parliamentary seat in line with the court's directives after the Appellate Division cancelled BNP candidate Aslam Chowdhury's candidacy.
The Appellate Division on Tuesday upheld the cancellation of Aslam's nomination for the parliamentary election, prompting uncertainty over whether the constituency will hold a fresh election or the runner-up will be declared the winner.
Election Commissioner Abdur Rahmanel Masud said the EC will review the full verdict before deciding its next steps.
"If the court orders a fresh election with a new schedule, that is what we will do. If it directs us to declare the nearest rival the winner and publish the gazette notification, we will proceed accordingly," he said.
The commission is awaiting the full judgment and will convene a meeting chaired by the chief election commissioner after receiving it.
Masud said that if the court orders a fresh vote, it would require a new election schedule, not a by-election.
Although 298 lawmakers elected in the Feb 12 polls have already joined parliament, representatives from only two constituencies -- Chattogram-2 and Chattogram-4 -- have yet to be sworn in because of legal disputes.
The Appellate Division delivered its ruling on Chattogram-4 on Tuesday, while the High Court is scheduled to hear the Chattogram-2 case on Thursday.
Fresh Election or Runner-Up?
Nine candidates contested in the Sitakunda-based Chattogram-4 seat, including BNP's Aslam Chowdhury and Jamaat-e-Islami's Anwar Siddique.
Aslam won 142,674 votes in the Feb 12 election and was declared the unofficial winner.
However, the EC withheld publication of the result following a court order.
Anwar, the nearest rival, secured 89,268 votes.
The Appellate Division, led by Chief Justice Zubayer Rahman Chowdhury, ruled that Aslam's candidacy was invalid because he was a loan defaulter, ending his chance of taking the oath as an MP.
However, the court's short order did not clarify whether Anwar should now be declared elected or whether the constituency should return to the polls.
Masud said anyone eligible could run for parliament if a fresh election is ordered.
Aslam would also be eligible if he resolves the disqualification arising from his loan default, he added.
Attorney General Ruhul Quddus Kazal said it would be premature to predict the outcome before the full judgment was released, although a fresh election remained possible.
Anwar's lawyer, Mohammad Shishir Manir, said established practice is to declare the candidate with the next-highest votes elected when the winner is disqualified, but added that the Appellate Division's full judgment would provide definitive guidance for the EC.
