The Election Commission (EC) is under legal challenge over the redrawing of parliamentary constituencies ahead of the 13th parliamentary election.
On 4 September, the commission issued a gazette notification revising the boundaries of constituencies. Since then, at least 30 writ petitions have been filed with the High Court, challenging the legality of that notification.
According to EC officials, the commission has never faced such a large number of legal challenges over boundary demarcation before any previous election. It must now resolve these petitions before announcing the election schedule, expected in early December. But the officials believe that the writ petitions will not disrupt the upcoming election.
“So far, around 29–30 writ petitions have been filed in the High Court over the boundary demarcation. The commission has decided to contest these cases,” Md Rashed Kabir, joint secretary of the EC’s Law Division, told TIMES of Bangladesh.
“The process of appointing lawyers has already begun. The cases must be settled before the election schedule is announced.”
In September, as part of preparations for the upcoming election, the EC changed the boundaries of a total of 46 constituencies, which reduced seats in some districts while increased in others, and even shifted unions from one constituency to another. The significant changes sparked sharp reactions across the country.
The reactions didn’t fine within filing writ petitions. Rather, it was spilled over to the streets.
In Bhanga upazila of Faridpur, protesters blocked the Dhaka-Barishal and Dhaka-Khulna highways, clashing with police, and vandalised the local police station and election office.
Faridpur district administration was eventually forced to write to the EC, urging it to reconsider the decision.
Meanwhile, in Bagerhat, continuous strikes and blockades disrupted operations at Mongla Port and paralysed local life. Similar highway blockades were also reported in Brahmanbaria and several other districts.
Despite the protests and mounting pressure, the commission stood firm. It firmly stated that the boundaries had been determined based on the recommendations of a technical committee formed under the Election System Reform Commission.
Election Commissioner Md Anwarul Islam Sarkar said the EC’s decision could not be challenged, as the commission had determined the boundaries with “utmost caution, neutrality, and consideration of reasonable objections.”
He maintained that there was no scope for complaints or protests after publication of the final list.
In addition, letters continued to pour in from different districts requesting reconsideration of the demarcation, but the EC made no further changes. Consequently, residents from Faridpur, Bagerhat, and other areas filed writ petitions with the court against the EC’s decision.
Under Section 7 of the Delimitation of Constituencies Act 2021, no question can be raised in any court or before any authority regarding the boundaries determined under the Act, the formation of any regional constituency, or any proceeding undertaken by the commission. Similarly, Article 125(a) of the Constitution of Bangladesh stipulates that no question can be raised in court regarding electoral laws or the delimitation of constituencies.
In other words, according to Article 124 of the Constitution, any law enacted—or deemed to be enacted—regarding constituency delimitation or seat allocation cannot be challenged in court.
When asked how, despite these constitutional and legal provisions, so many writ petitions were filed with the High Court challenging the EC’s notification, Election Commissioner Md Anwarul Islam Sarkar said, “If the petitioners claim that their fundamental rights have been violated and they can convince the court, then the court may accept the case. Perhaps they have managed to convince the High Court, which is why the court accepted the writs.”
When reminded that he had earlier said there was no scope to question the EC’s decision in court, Sarkar replied, “Article 125(a) of the Constitution clearly states that no question shall be raised in any court regarding the delimitation of constituencies. Nevertheless, we have decided to take legal measures in response to all the writs,” he told TIMES of Bangladesh.
