Why impunity in EC appointments is not illegal, asks High Court

The High Court has issued a rule asking why the impunity in appointment of the chief election commissioner and other election commissioners in 2014 and 2018 should not be declared illegal.

The bench of Justice AKM Asaduzzaman and Justice Muhammad Mahbub Ul Islam issued a rule on the matter after hearing a petition on Tuesday, according to bdnews24.com.

A group of 10 Supreme Court advocates – Abdullah Sadiq, GM Mozahidur Rahman, Misbah Uddin, Jobaidur Rahman, Nowab Ali, Azim Uddin Patwary, Sajjad Sarwar, Mojahidul Islam, Mizanul Haque, and AKM Nurun Nabi – filed a petition in the public interest with the court.

Advocate Mohammad Shishir Monir represented the petitioners during the hearing.

The petition challenges Section 9 of the Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022, Monir said.

Section 9 states: “The appointment of the Chief Election Commissioner and other Election Commissioners based on the search committee previously formed by the President for the purpose of appointing the Chief Election Commissioner and other Election Commissioners and the work performed by the same and the recommendations of the said search committee shall be deemed to be valid and no questions can be raised in any court on the matter.”

Monir said the section takes away the right to challenge the appointment of election commissioners and has undermined the power of the judiciary, which is contrary to Articles 26, 27, and 31 of the Constitution, the separation of powers, and the independence of the judiciary.

This impunity is unconstitutional, he said.

The petition challenges the validity of this immunity as questions cannot be raised about the appointment of election commissioners in 2014 and 2018.

The Ministry of Law and the Election Commission have been named as respondents in the petition.