The High Court has dismissed the writ challenging the legality of appointment of Chief Election Commissioner (CEC) and four Election Commissioners terming it as not placed.
The High Court bench comprising Justice Moyeenul Islam Chowdhury and Justice Md. Ashraful Kamal rejected the petition on Monday.
Supreme Court lawyer Md. Delwar Hossain filed the writ petition challenging the legality of appointing CEC and other four Commissioners by not formulating the law according to the article 118(1) of the constitution. Lawyer Yusuf Ali stood for the writ petitioner in the hearing while Deputy Attorney General Ekramul Haque Tutul stood for the state.
About the writ lawyer Yusuf Ali said, according to the article 118(1) of the constitution, CEC and four Election Commissioners have to be appointed after formulating law. Although the law is not formulated yet. But the CEC and four Election Commissioners were appointed not maintaining the procedures. It was said in the article 118 (1) of the constitution that Election Commission will be independent to perform its duties abiding by the constitution and laws. KM Nurul Huda was also appointed as CEC without prior experience of performing duties independently. The writ petition was filed following these logics.
Deputy Attorney General Ekramul Haque Tutul said, the High Court dismissed the writ petition terming it as not placed. In this case the CEC and four Election Commissioners will perform their duties in the normal process.
AH
