A writ petition seeking a stay on all activities related to the upcoming national election has been filed with the High Court challenging the appointment of DCs and UNOs on election duty.
Advocate Iyarul Islam, general secretary of Bangladesh Congress, a registered political party, submitted the petition on Wednesday.
The petition seeks a rule asking why the Election Commission’s decision to appoint deputy commissioners (DCs) and upazila nirbahi officers (UNOs) as returning officers and assistant returning officers, instead of district and upazila election officers, should not be declared illegal.
The petition also seeks a declaration that the appointment of the Election Commission (EC) secretary, returning officers, and assistant returning officers by the executive branch is illegal, along with an order to form an Electoral Service Commission.
Speaking to reporters, Iyarul said the practice of having executive officials run the Election Commission Secretariat and conduct elections is a clear violation of the constitution.
He said the Election Commission, like the judiciary, must be established as a fully independent institution, making its own cadre service and manpower essential.
“Article 126 of the constitution clearly states that the responsibility for conducting elections rests with the Election Commission, while the executive branch is to assist it,” he said.
He alleged that the government and the Election Commission have already signalled their intention to once again assign election duties to deputy commissioners following recent meetings with them. “Another influenced and one-sided election is inevitable if responsibilities are placed in their hands.”
The chief election commissioner and secretary, the public administration secretary, the law secretary and other relevant officials have been made respondents in the writ. According to the petitioner, the writ may be placed for a hearing before a High Court bench next week.
The schedule for the 13th parliamentary election is yet to be announced.
