Explain why they shouldn't be directed to make law on EC
The High Court yesterday issued a rule asking the authorities concerned to explain in four weeks why they should not be directed to formulate a law under Article 118 of the constitution for constituting the Election Commission.
The chief election commissioner, the cabinet secretary, the law secretary and the parliament secretary have been made respondents to the rule.
The HC bench of Justice Moyeenul Islam Choudhury and Justice JBM Hassan came up with the rule following a writ petition filed by Supreme Court lawyer Eunus Ali Akond seeking necessary orders on the authorities to formulate a law under the constitution for appointing the chief election commissioner and other election commissioners.
The petition, filed on January 11, said the government was supposed to formulate a law for constituting the Election Commission under Article 118 of the constitution, but it was yet to take any initiative in this regard.
Article 118 (1) of the constitution says, “ There shall be an Election Commission for Bangladesh consisting of 1 [the Chief Election Commissioner and not more than four Election Commissioners] and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.”
In the petition, Eunus prayed to the court to issue a ruling asking the authorities to explain why they should not be directed to formulate a law for appointing the chief election commissioner and other election commissioners.
He also requested to the HC to declare appointments of all the chief election commissioners and election commissioners illegal, saying that they were appointed without formulating any law.
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