No Polls to New Wards: DNCC election may face legal complexities

Dhaka North City Corporation mayoral election may face legal complications as polls for councillors in 18 wards annexed to the corporation in July remain pending, experts said.

“If voters in the new wards are not allowed to vote, their constitutional rights will be violated. It may create legal complication. People may go to court jeopardising the entire election process,” local government expert Tofail Ahmed warned.

He suggested that the Election Commission should hold polls in the newly formed wards alongside the election for mayor.

Even the formation of DNCC remains incomplete as long as elections are not held in the new wards.

The Ministry of Local Government, Rural Development and Co-operatives in July expanded the areas of Dhaka's two city corporations by annexing 16 union councils. It formed 36 wards in the areas.

 The ministry asked the EC in August to hold elections in the new wards.

After the expansion, the number of wards in the DNCC rose to 54 from 36 while women's reserved seats rose to 18 from 12. 

According to the Local Government (City Corporation) Act, elections in at least 75 percent wards should be held in order to form a city corporation.

The DNCC needs 54 elected representatives to meet this requirement. But, it has only 48 councillors, including 12 in women's reserved seats. They were elected in April 2015.

The issue has come to light as the EC prepares to hold the election for mayor after the sudden demise of Annisul Huq. 

Officials in the EC secretariat admitted that an election for mayor of DNCC may lead to legal complications.

Meanwhile, Election Commissioner Rafiqul Islam said, “We are yet to receive any gazette declaring the mayoral post vacant. We have to see the gazette first. We have to see the legal aspects and then we will be able to decide.”

The picture of Dhaka South City Corporation is different. It has the required number of representatives elected in 2015. 

After the annexation, the number of general wards in DSCC rose to 75 from 57 while women's reserved seats rose to 25 from 19.

Tofail said the EC should hold polls in all the 36 wards alongside the election for mayor.