The High Court on Tuesday questioned the legality of the section 9 of the Chief Election Commissioner and Other Election Commissioners Act, 2022.
Section 9 of the Act stating that the search committee, established by the president for appointing the chief election commissioner and other election commissioners, and any actions and appointments made based on the committee's recommendations, shall be considered legally binding.
It further stipulates that no legal challenges against these actions or appointments shall be entertained in any court.
In its rule, the HC bench asked the government to explain in four weeks why the provision of section 9 of the Chief Election Commissioner and Other Election Commissioners Act, 2022 violating the Articles 26, 27, and 31 of the Constitution and the power of judicial review as a basic structure of the Constitution should not be declared ultra vires of the Constitution.
In response to a writ petition, the HC bench comprising Justice AKM Asaduzzaman and Justice Mahbub Ul Islam issued the rule.
Supreme Court lawyer Abdullah Sadiq and nine other lawyers filed the writ petition as public interest litigation seeking HC directive in this regard.
Advocate Mohammad Shishir Manir, counsel for the petitioners told the court that this indemnity clause infringes upon the Supreme Court's constitutionally mandated authority of judicial review.
On February 25, 2022, former defence secretary Kazi Habibul Awal was appointed as the new chief election commissioner, along with four other individuals, including two former secretaries, who were appointed as election commissioners based on the recommendations of the search committee formed by the President.
The search committee, established on February 5, 2022, in accordance with the appointment of Chief Election Commissioner and Other Election Commissioners Act, 2022, was led by the then Appellate Division judge Justice Obaidul Hassan.
The five appointees were selected from a shortlist of 10 candidates by the six-member search committee.
The appointed election commissioners are retired district and sessions judge Rashida Sultana, retired Brig Gen Ahsan Habib Khan, and retired senior secretaries Md Alamgir and Anisur Rahman.
