Petition challenges immunity for Election Commission appointments

A petition has been filed challenging the legality of immunity granted under Section 9 of the Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022.

The section in question prohibits any court from questioning the appointments of the chief election commissioner (CEC) and election commissioners (ECs) for the 2014 and 2018 elections.

Filed today (18 August) by ten Supreme Court lawyers, the petition seeks to declare this immunity as unconstitutional. 

The lawyers include Abdullah Sadiq, GM Mozahedur Rahman, Misbah Uddin, Zobaidur Rahman, Noawab Ali, Azim Uddin Patwary, Sajjad Sarwar, Mozahedul Islam, Mizanul Haque, and AKM Nurun Nabi.

Advocate Mohammad Shishir Monir, representing the petitioners, explained, "Section 9 of the Act is being challenged because it declares the appointments of the CEC and other ECs, made based on the recommendations of a previous search committee formed by the President, as valid, and it prevents any court from questioning these appointments."

The petition argues that Section 9 removes the right to seek judicial review against the appointments of ECs and limits the judiciary's power. 

Advocate Monir said, "This section is contrary to Articles 26, 27, and 31 of the Constitution, as well as the principles of separation of powers and judicial independence. It undermines the judiciary's authority and makes such immunity entirely unconstitutional."

The petition will be heard by the High Court bench of Justice AKM Asaduzzaman and Justice Muhammad Mahbub Ul Islam. 

The law ministry and the Election Commission are named as respondents in the case.