A writ petition has been filed with the High Court (HC) seeking a stay on all further proceedings related to holding the upcoming 13th national election.
The petition was lodged on Wednesday by Md Earul Islam, secretary general of Bangladesh Congress, a registered political party.
Mr Earul, also a Supreme Court lawyer, challenged the legality of appointing key election officials from the executive branch rather than from the Election Commission's (EC) own institutional manpower.
In the petition, he argued that appointing the EC secretary from the executive, and selecting returning officers and assistant returning officers from deputy commissioners (DCs) and upazila nirbahi officers (UNOs) instead of district and upazila election officers, undermines the constitutional independence of the Commission.
Citing Article 118(4) of the Constitution, the petition said the EC "shall be independent in the exercise of its functions and subject only to the Constitution and any other law". Appointing officials from the executive cadre, it added, hampers the Commission's ability to function independently.
Referring to Articles 119 and 126, the petitioner noted that while the EC is mandated to conduct parliament elections, the executive is constitutionally required only to assist the EC -- not to assume operational control by occupying key posts responsible for conducting polls. The petition stated that the practice effectively gives the executive branch "full control over conducting the election", leaving the EC to limited tasks such as preparing voter lists, ballot papers and other materials.
It further argued that the EC's institutional independence should be aligned with the constitutional safeguards ensured for the judiciary under Articles 22, 94(4) and 116A.
Judicial independence is supported by its own service commission and secretariat, which appoints officials from within the judiciary, the petition noted. In contrast, the EC Secretariat appoints its secretary from the executive, which "undermines its independence".
The petitioner said the establishment of an "Election Service Commission" is necessary to ensure genuine autonomy for the EC.
The writ sought a rule asking the government to explain why the appointment of DCs and UNOs as returning officers and assistant returning officers, instead of election officials, should not be declared illegal.
It also sought an explanation as to why the EC secretary should not be appointed from the Commission's own manpower through a promotion system. Mr Earul said the petition may be heard by a High Court bench later this week.
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