Writ filed for High Court advice on law to form Election Commission

A lawyer has filed a writ petition with the High Court, asking it for advice on a law to form the Election Commission (EC).

Supreme Court Lawyer Yunus Ali Akhand says he filed the petition with the relevant High Court branch on Wednesday.

“Article 118 of the Constitution states that an EC is to be formed according to the constitution and any relevant laws enacted on the issue,” he told bdnews24.com.

“However, no laws are in place so far on the formation of the EC. An essential constitutional institution cannot operate outside the parameters of the constitution.”

Article 118 (4) of The Constitution of the People’s Republic of Bangladesh states: “The Election Commission shall be independent in the exercise of its functions and subject only to this Constitution and any other law.”

Article 118 (5) states: “Subject to the provisions of any law made by Parliament, the conditions of service of Election Commissioners shall be such as the President may, by order, determine:

Provided that an Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the [Supreme Court].”

The cabinet secretary, the law secretary and the EC have been named the defendants in the writ petition, said the lawyer.

A bench of High Court Justices Quazi Reza-Ul Hoque and Mohammad Ullah could conduct a hearing of the petition next week, he said.