HC rejects petition seeking suspension of polls activities
Petitioner sought formation of an Electoral Service Commission to diminish executive branch's influence on polls
The High Court has dismissed a petition seeking to suspend all activities related to the upcoming national parliamentary election.
The High Court bench of Justice Sikder Mahmudur Razi and Justice Raziuddin Ahmed rejected the writ petition today (8 December), observing that it was not fit for hearing. Barrister Yarul Islam appeared for the petitioner.
Earlier, on 3 December, a writ was filed seeking a rule declaring the appointment of the Election Commission secretary, returning officers and assistant returning officers by the executive branch illegal, and requesting the formation of an Electoral Service Commission. The petition also sought an order to suspend the upcoming national election until the rule was disposed of.
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On behalf of Bangladesh Congress, the party's secretary general, Advocate Md Yarul Islam, filed the writ.
The writ stated that running the Election Commission Secretariat and administering elections with officials from the executive branch contradicts the constitution. It argued that the Election Commission, like the judiciary, must have its own staff. For this reason, the petition sought a directive to form an "Electoral Service Commission".
The writ further stated that according to the constitution, elections must be conducted by the Election Commission, and the executive branch must provide all forms of assistance. But by violating the Constitution, the responsibility of administering each election has been handed to the executive branch.
It argued that as representatives of the government, the executive branch conducts elections according to the wishes of the government, which leads to widespread controversy. The petition claimed that the executive branch has lost public confidence, acceptance and sense of responsibility, and that no one believes they can conduct a fair and acceptable election. It therefore sought an order directing that the secretary, returning officers and assistant returning officers be appointed from the Election Commission's own manpower.
After filing the writ, Advocate Md Yarul Islam had told reporters that the government and the Election Commission were already holding discussions with the Deputy Commissioners (DCs) regarding the election, signalling that they would again be tasked with conducting it. If the responsibility were given to them again, it would certainly result in another influenced election.
He said district and upazila election officers must be involved in the election process, and the Election Commission secretary must be removed. Otherwise, it is impossible to hold a neutral election free from the executive branch's influence.
During the hearing, the court told the petitioner's lawyer that the entire nation is now focused on the election. This is not an appropriate time to file a petition seeking to suspend the election. Such a writ is not acceptable at this stage.
After the order, petitioner's lawyer Yarul Islam told journalists that having understood the court's position, he withdrew the petition in the greater interest of the nation, marking it as "not pressed" (dismissed as not placed for hearing). He said he would not proceed with the case further.
