Shahadat Made Chattogram City Corporation Administrator Eight Months After Term Expired: Legality Questioned, Cancellation Demanded

Amid discussion that there was 'a mayor but no term,' BNP leader Dr Shahadat Hossain has moved from mayor of Chattogram City Corporation (CCC) to its administrator. A gazette notification of the Local Government Division last Sunday appointed him administrator, raising questions about in what capacity he served for the eight months after his term expired and what will happen to the work done in that period.

Shahadat Hossain had taken charge as mayor under a court verdict, but his term as mayor ended eight months ago. Responding to criticism at the time, he had cited the court order and claimed his term ran until November 2029.

According to CCC sources, the term of the corporation's sixth council ended eight months ago, and on that basis the term of the council's mayor, Shahadat Hossain, should also have ended.

According to the Election Commission, the sixth CCC council election was held on 27 January 2021, with 1,938,706 voters and a turnout of 22.52 percent. Shahadat Hossain, the BNP candidate with the 'sheaf of paddy' symbol, received 52,489 votes, while the Awami League candidate Md Rezaul Karim Chowdhury, with the 'boat' symbol, was reported to have received 339,248 votes. Rezaul Karim took oath on 11 February that year and formally took charge on 15 February. The sixth council's first meeting was held on 23 February 2021.

Under section 6 of the Local Government (City Corporation) Act 2009, a city corporation's term is five years from the date of its first meeting. Under the amended section 6 of 1 December 2011, the council is dissolved at the end of the term and there is no scope to remain in the office of public representative. On that basis, the sixth CCC council's term ended on 22 February this year.

Twenty-eight days after the 27 January 2021 election, on 24 February, Shahadat Hossain filed a case with the election tribunal of Judge Khairul Amin. Nine people were made defendants, including then Chief Election Commissioner KM Nurul Huda, then mayor Rezaul Karim Chowdhury, returning officer Md Hasanuzzaman and other mayoral candidates.

The election tribunal and Chattogram's 1st Joint District Judge delivered the verdict on 1 October 2024, cancelling the 'boat' candidate's victory and declaring Shahadat Hossain, the 'sheaf of paddy' candidate, the elected mayor. On 8 October 2024 the Election Commission published a revised gazette naming Shahadat as mayor; the gazette substituted Shahadat's name for Rezaul Karim's and said nothing about the term. Shahadat took charge as mayor after taking oath on 3 November 2024.

A source said that last March too the Local Government Division had prepared a proposal to appoint Shahadat Hossain as administrator, but no order was issued then.

On his eight months of service after the term ended, Advocate Akhtar Kabir Chowdhury, general secretary of Shushashoner Jonno Nagorik (Sujan) in Chattogram, said: 'What will happen to the duties he performed in those eight months, only time will tell.' Shahadat had told journalists: 'According to the court order, I can serve until 2029 if I want. And if I am not mayor, who will run the corporation?'

Arif Moinuddin, member secretary of the NCP's Chattogram city unit, protested the appointment at a press conference yesterday at the party office at Ali Plaza in Chawkbazar. He said appointing a person whose term has expired as administrator is completely illegal, irrational and contrary to public aspiration, and that the government should be sued for such an undemocratic decision. He demanded the appointment be cancelled immediately and an administrator appointed through a neutral and transparent process.

Shamsuzzaman Helali, a probable Jamaat mayoral candidate, said questions remain over the validity of the salary and allowances Shahadat took after 22 February, and noted that after long claiming he was mayor until 2029 by court order, he has now been appointed administrator as a term-expired person. On the other hand, Chattogram city Jubo Dal vice-president Shahed Akbar praised Shahadat's work, saying: 'Shahadat bhai is a man of work. After taking charge as mayor he carried out extensive development in the city.'