Appeal Upheld, Aslam Choudhury’s Candidacy Cancelled

Bangladesh’s Appellate Division has cancelled the parliamentary candidacy of BNP nominee Aslam Choudhury for the Chattogram-4 constituency after allowing an appeal filed by Bangladesh Jamaat-e-Islami candidate Anwar Siddiqui, bringing an end to a closely watched legal dispute over his eligibility in the 13th National Parliamentary Election.

The verdict was delivered on Tuesday by a four-member bench of the Appellate Division headed by Chief Justice Zubayer Rahman Chowdhury. The court had reserved its judgment on 15 June after concluding hearings on the appeal and announced its decision on the scheduled date.

The case centred on the validity of Aslam Choudhury’s nomination for the parliamentary election held on 12 February. Although he contested the election as the Bangladesh Nationalist Party (BNP) candidate in Chattogram-4, the publication of his election result had already been suspended under an earlier order of the Appellate Division pending the final outcome of the appeal. Tuesday’s ruling resolves that legal uncertainty.

Speaking after the judgment, senior advocate Mohammad Shishir Monir, representing Jamaat candidate Anwar Siddiqui, said the Appellate Division’s decision effectively declared Aslam Choudhury ineligible to contest the election. As a result, his nomination has been cancelled and no election result applicable to his candidacy will be published.

The legal challenge originated after Anwar Siddiqui questioned Aslam Choudhury’s eligibility on allegations of loan default. Although the High Court had earlier upheld Aslam Choudhury’s candidacy, Siddiqui subsequently sought leave to appeal before the Appellate Division.

On 3 February, the Appellate Division granted leave to appeal. At the same time, it directed that if Aslam Choudhury secured victory in the election, the publication of the result relating to his candidacy would remain suspended until the appeal was finally disposed of. Following that order, Siddiqui filed a separate 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 two commercial banks. Bank Asia PLC filed a separate petition seeking leave to appeal against the High Court order that had upheld Aslam Choudhury’s nomination. Jamuna Bank PLC also challenged the same order, and the matters were heard alongside the principal appeal because they raised related legal questions concerning the candidate’s eligibility.

Recognising the significance of the legal issues 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 Siddiki and Prabir Neogi 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 Choudhury were senior advocates A M Mahbub Uddin Khokon and Md Miftah Uddin Chowdhury, assisted by advocate Rokon Uddin Md Faruk. Senior advocate Kamal Ul Alam represented Bank Asia PLC, while advocate A S M Shahriar Kabir appeared for Jamuna Bank PLC.

The ruling concludes months of litigation surrounding the Chattogram-4 constituency and settles the question of Aslam Choudhury’s eligibility to contest the 13th National Parliamentary Election. It also marks a significant judicial decision on electoral eligibility disputes involving allegations of loan default, an issue that has previously featured in challenges to parliamentary nominations in Bangladesh.