HC questions appointments of DCs as ROs

The High Court (HC) yesterday issued a rule asking the government and the Election Commission (EC) to explain in three weeks, why the decision to appoint deputy commissioners (DC) and divisional commissioners as returning officers should not be declared illegal.

The chief election commissioner, the EC, and its secretary and the law secretary have been made respondents to the rule.

The HC bench of Justice Syed Refaat Ahmed and Justice Md Iqbal Kabir Liton issued the rule after hearing a writ petition filed by Advocate Abdur Rahman, challenging the legality of the EC's decision.

Petitioner's lawyer Barrister Saqeb Mahbub said, as per article 4 of the Representation of the People Order (RPO), the commission may authorise any of its officers to exercise any of its powers in the upcoming national election.

However, as the government's executives are not officers of the EC, they can only assist the commission, but cannot exercise power as returning officers, he argued.

He concluded that the appointment of DCs as returning officers violates article 4 of the RPO.

Barrister Saqeb said the EC did not appoint its existing 689 election officials, who have the experience of discharging duties as returning officers.

Following the HC rule yesterday, there is no legal bar for the DCs to discharge election duties, as the bench did not pass any stay order on their appointments, said Attorney General Mahbubey Alam.

Any verdict delivered by the HC following hearing on the rule might be applicable for the next general elections, he added.