HC asks why appointment of DCs as returning officers should not be deemed illegal

The High Court has issued a rule asking why the appointment of divisional commissioners and deputy commissioners as returning officers by the Election Commission for the election should not be declared illegal and unconstitutional.

Justice Syed Refaat Ahmed and Justice Md Iqbal Kabir issued the rule on Wednesday.

The senior law secretary, the chief election commissioner, the public administration secretary and the EC secretary have been asked to respond to the order within three weeks.

Supreme Court lawyer Abdur Rahman challenged the EC’s decision on Dec 6 and filed a writ petition with the High Court.

The petition asked for court instructions to replace divisional commissioners and DCs with the EC’s district election officials and appoint them as returning officers to ensure a free, fair and impartial election. The court, however, did not issue any directive.

Officials of the EC have served as returning officers in the local government elections. But usually the duty is handed out to DCs and divisional commissioners in general elections.

Lawyer Shakib Mahbub, who attended the hearing on the writ petition on behalf of lawyer Abdur Rahman, said the EC has the authority to assign 689 of its officials as returning officers. He cited the Representation of the People Order to back up his argument.

The EC does not have the jurisdiction to give responsibility to anyone else, according to the lawyer.