The Appellate Division of the Supreme Court (SC) has upheld the order to dismiss a leave to appeal petition which challenged the validity of the Election Commission's gazette declaring Md Sahabuddin as the president-elect.

At the same time, petitioner MA Aziz Khan, a Supreme Court lawyer, was fined Tk1 lakh for wasting the court's time.

A full bench of the Appellate Division headed by Justice Hasan Foez Siddique passed the order on Thursday (18 May).

The leave to appeal petition was filed after the High Court on 14 March ruled that the process of electing Md Shahabuddin as the 22nd president of Bangladesh was valid.

The High Court bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir passed the order after dismissing two writ petitions seeking to suspend a notification declaring Shahabuddin as the president-elect.

On 13 February, the chief election commissioner declared the ruling Awami League-backed Shahabuddin, a former commissioner of the Anti-Corruption Commission, the president-elect unopposed as he was the lone candidate for the office.

At an emergency press conference at the Election Commission, the CEC stated that Section-9 of the ACC Act provides that no commissioner shall be eligible for appointment to any profitable post in the republic after retirement. However, he clarified that the post of president is not profitable and Shahabuddin's election was not an appointment but an election.

However, on 7 March, Supreme Court lawyer MA Aziz Khan filed a petition, seeking suspension of the notification.

The writ was on the agenda of the hearings of the High Court bench comprising Justice Farah Mahbub and Justice Ahmed Sohel on 12 March. But, one of the justices was hesitant to hear the writ.

The court then referred the matter to the chief justice for necessary action.

On 13 March, the chief justice sent the writ for hearing by the bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir.

Additionally, on 12 March, six Supreme Court lawyers including Abdul Momen Chowdhury and KM Jabir filed another writ seeking to cancel the effectiveness of the notification of the EC declaring Shahabuddin elected for the position of president. On 14 March, this writ was also submitted to the bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir for a hearing.

Md Shahabuddin will replace President Abdul Hamid, who will complete his second term on 23 April this year.