He can say that they still have no jurisdiction. It’s not a city Beis Din, it’s not a beis din that the people of the city decided to be the beis din for that city.
They can issues hazmanos all they want but he can say let’s go to a different beis din. Most batei din will allow that and only issue a seiruv if the person did not respond at all. I don’t know what happened in this case, if the person totally ignored the hazmanah or just said he wants to go to a different beis din.