HC rejects plea over enacting law for EC formation

The High Court on Sunday rejected a writ petition seeking its directions on formulating a specific law for the formation of the next Election Commission.

A division bench of Justice Mujibur Rahman Mia and Justice Kamrul Hossain Mollah said, according to the Constitution, a court can't ask parliament to make a law.

"For that reason, the writ is not acceptable," it added.

Advocate Md Earul Islam appeared for the petitioner while Attorney General AM Amin Uddin represented the state at the hearing.

Earlier this month, Law Minister Anisul Huq reiterated that it is not possible right now to formulate a law for the formation of the next EC owing to time constraints.

He said the tenure of this EC will expire in February next year and it is not possible to make a law in such a short time. So, a new EC would be formed through a search committee.

On 4 October, Prime Minister Sheikh Hasina also announced the formation of a new EC through a search committee.

"A search committee is also close to law. Its gazette is issued on the instructions of the president. According to the Constitution, a gazette is equally effective as a law," Anisul Huq had earlier said.

Reportedly, Earul Islam, lawyer and secretary-general of the Bangladesh Congress, filed the petition on 13 October seeking directions to form an election commission by enacting a law following Article 116 (1) of the Constitution.

The petition was filed to postpone the formation of the Election Commission through a search committee.

The secretary to the law ministry and the chief election commissioner were named as respondents to the rule.