Writ challenges legality of Election Commissioners' immunity in 2014, 2018

Supreme Court (SC) lawyers on Sunday filed a writ petition with the High Court (HC) challenging the legality of the immunity granted to election commissioners under the Section 9 of the Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022.
The section prohibits any court from questioning the appointments of the chief election commissioner (CEC) and election commissioners (ECs) for the 2014 and 2018 elections.
Ten SC lawyers filed the writ petition and sought an HC directive to declare the immunity unconstitutional.
The petitioning lawyers are: Abdullah Sadiq, GM Mozahedur Rahman, Misbah Uddin, Zobaidur Rahman, Noawab Ali, Azim Uddin Patwary, Sajjad Sarwar, Mozahedul Islam, Mizanul Haque, and AKM Nurun Nabi.
Advocate Mohammad Shishir Manir, who submitted the petition on behalf of the lawyers, said, "Section 9 of the Act is being challenged because it declares the appointments of the CEC and other ECs, made based on the recommendations of a previous search committee formed by the president, as valid, and it prevents any court from questioning these appointments."
The petition argues that Section 9 removes the right to seek judicial review against the appointments of ECs and limits the judiciary's power.
Advocate Shishir said, "This section is contrary to Articles 26, 27, and 31 of the constitution, as well as the principles of separation of powers and judicial independence. It undermines the judiciary's authority and makes such immunity entirely unconstitutional."
The petition will be placed before the High Court bench of Justice AKM Asaduzzaman and Justice Muhammad Mahbub Ul Islam. The law ministry and the Election Commission are named as respondents in the case.

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