The High Court order to suspend the Dhaka University Central Students' Union (DUCSU) election until 30 October came on Monday following a writ petition challenging the candidacy of SM Farhad which was filed by BM Fahmida Alam.
However, that order was later stayed by the Chamber Court, with a hearing scheduled to be held on the issue tomorrow.
Until then, there is no legal bar in continuing the electoral process.
Who are Farhad and Fahmida?
SM Farhad is the president of the Dhaka University unit of Islami Chhatra Shibir. He is contesting the DUCSU election for the post of general secretary (GS) as a candidate of the Shibir-backed 'United Student Alliance'.
On the other hand, Fahmida is contesting for the post of Liberation War and Democratic Affairs Secretary from the left alliance panel, which includes factions of Bangladesh Chhatra Union, Samajtantrik Chhatra Front, and Bangladesh Chhatra League (Bangladesh JaSad).
Why was the writ petition filed?
Several people, including Fahmida, have accused Farhad of having prior links with the Chhatra League. In her writ, she questioned whether a member of Islami Chhatra Shibir, a group seen as contradictory to the DUCSU constitution's stated commitment to upholding the values of the Liberation War, should be allowed to contest the election.
Speaking to Stream, Fahmida said, "SM Farhad is still on the Chhatra League committee and has not formally resigned. Later, he became involved with Islami Chhatra Shibir, which contradicts the DUCSU constitution. That's why I filed the writ."
Farhad's reaction
Contacted by Stream, Farhad declined to comment. However, on Sunday afternoon, he posted on his verified Facebook account, congratulating the petitioner.
Referring to her as a "leader of the left alliance", he said, "Taking legal action is a better approach than spreading edited photos and videos to malign me, as some other groups have done."
At a press conference the same day, Farhad said, "It would have been better if such a writ had been filed earlier. I don't know why it was filed just seven days before the election."
After the court order was announced allowing the election to proceed, the United Student Alliance held another press conference. There, Farhad said, "We know who fears elections. While some pretend to support the process publicly, they are secretly afraid of it."
He also stated that students would resist any conspiracy to sabotage the DUCSU election.
What the DU Administration Says
Around 5:15pm on Monday, the Dhaka University administration released a press statement confirming that there are no legal obstacles to holding the DUCSU election on 9 September. The university authorities affirmed their commitment to conducting a free, fair, transparent, and inclusive election.
Initial suspension and reversal
Following the writ petition, the High Court issued a ruling on Monday suspending the DUCSU election until 30 October. The court also asked for clarification on the nomination, screening, finalisation, and preparation process for the election.
In response, Dhaka University's lawyer, Shishir Manir, stated that they would appeal to the Chamber Court.
"Interestingly, the petitioner did not even ask for the election to be suspended. Yet, the High Court issued a suspension, which is unprecedented," he noted.
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