Bangladesh Congress moves HC seeking suspension of polls activities over EC appointing DCs, UNOs

Political party Bangladesh Congress filed a writ petition with the High Court today (3 December) to halt all activities related to the upcoming 13th National Parliament Election, challenging the appointment of DCs and UNOs on election duty.

Advocate Earul Islam, general secretary of the registered political party, submitted the petition. The petition is expected to be heard next week by a dual bench led by Justice Sikder Mahmudur Raji.

The petition seeks a rule nisi 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. It also requests that all election-related activities be suspended until the rule is heard.

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.

It stated that administering the Election Commission Secretariat and conducting elections through officials from the executive branch is inconsistent with the Constitution. It argued that, like the judiciary, the EC must operate with its own independent workforce. For this reason, the writ sought directives to establish an "Electoral Service Commission."

It further said that, under the Constitution, elections must be conducted by the Election Commission, while the executive branch is responsible for providing assistance. However, in practice, the responsibility of conducting each election is assigned to the executive branch in violation of constitutional provisions.

The petition argued that the executive branch conducts elections as a representative of the government and in line with government preferences, which creates various forms of controversy around the electoral process.

It said the executive branch has lost public confidence, acceptability, and a sense of responsibility, and there is little belief that a credible election can be held under its supervision. Given this situation, the writ sought directives to appoint the EC secretary, returning officers, and assistant returning officers from the commission's own workforce.

After filing the petition, Advocate Earul Islam told reporters that the government and the Election Commission have already held discussions with deputy commissioners regarding the election and have indicated that they will again be given responsibility for conducting the polls. "Another influenced election would be inevitable if DCs are tasked with election management once more," he said.

"District and upazila election officers must be engaged in the election process, and the EC secretary should be removed," he added. Otherwise, he said, it will not be possible to hold a neutral election free from the influence of the executive branch.

The upcoming national election is expected in February, with the Election Commission scheduled to announce the exact date this month.