The High Court has dismissed a writ petition seeking the suspension of all activities related to the 13th National Parliamentary Election.
On Monday, the High Court bench of justices Sheikh Md Zakir Hossain and Kazi Ebadat Hossain heard the petition and dismissed it. Advocate Earul Islam, the writ petitioner’s lawyer, presented arguments in court.
Confirming the order to journalists, he said, “The court stated that since an environment for the election has been created, it would not be proper to hear the writ at this stage. Therefore, the writ has been dismissed as not maintainable.”
On 3 December, Advocate Earul Islam, on behalf of the Bangladesh Congress party, filed this writ petition in the relevant branch of the High Court. The chief election commissioner was made the respondent in the writ.
The writ sought a declaration that the appointment of the Election Commission’s Secretary, Returning Officers, and Assistant Returning Officers from the executive branch was illegal, and directives for taking effective steps to form an Election Commission Service (formation of an Electoral Service Commission).
The writ application requested a rule, and until the disposal of the rule, the upcoming 13th National Parliamentary Election was sought to be suspended.
Regarding the writ application, Advocate Earul Islam told journalists on 3 December, “The government and the Election Commission have already discussed the upcoming election with the Deputy Commissioners. They have indicated giving the responsibility of conducting the election to the DCs.
If they are given the responsibility of conducting the election again, it is certain that it will be another influenced election.
Therefore, district and upazila election officers must be involved in the election process, and the Secretary of the Election Commission must be removed. Otherwise, an impartial election free from executive branch influence will not be possible.”
The writ petition stated that running the Election Commission Secretariat and conducting elections with people from the executive branch is contradictory to the constitution. Like the judiciary as an independent institution, the Election Commission must also have its own manpower.
In this regard, directives for forming an “Electoral Service Commission” were sought.
According to the constitution, the Election Commission will conduct elections, and the executive branch will provide all kinds of assistance to the Election Commission. But in violation of the constitution, the responsibility of conducting every election is given to the executive branch.
The executive branch, as a representative of the government, conducts elections according to demand. As a result, controversy arises over the election.
