EC Formation Law: HC refuses to order govt to do it

The High Court yesterday refused to order the government to formulate a law for formation of the Election Commission saying that it would not make any interference in this issue at present, because the government is sincere about it.
"The law minister has reportedly said the government will formulate a law for formation of the Election Commission later in line with the mandate of the constitution. Let's see what the government does," said the bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman while hearing a writ petition filed by Supreme Court lawyer Gobinda Biswas.
The petition seeks the court directive on the authorities concerned to formulate a law for formation of the EC and determine the qualifications of chief election commissioner and election commissioners.
With the observation, the bench kept the petition standing over (waiting for hearing) until January 10 next year.
Justice Enayetur said the CEC and ECs are appointed through the search committee whose chairman and members hold constitutional posts, and their choosing for the posts of CEC and ECs are not unacceptable at all.
Lawyer Yusuf Ali appeared for the petitioner, while Deputy Attorney General Bepul Bagmar represented the state.
On November 19, Law Minister Anisul Huq said the government is sincere about formulating a law for the EC formation, but it would not be right to make it in a hurry.
"The next session of parliament will start in the end of January next year. As far as I know, the tenure of the current Election Commission will expire on February 14 or 15 next year. Practically speaking and with due respect, I am saying that it is not possible to make a law for the formation of the Election Commission within this short period," he said.
Anisul made the remarks after holding a meeting with a delegation of Shushashoner Jonno Nagorik (Shujan) at his Gulshan residence.
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