The High Court (HC) has issued a rule questioning why the impunity granted in the appointments of the chief election commissioner and other election commissioners in 2014 and 2018 should not be declared illegal.
The bench of Justice AKM Asaduzzaman and Justice Muhammad Mahbub Ul Islam issued the rule on Tuesday after hearing a petition.
A group of 10 Supreme Court advocates - Abdullah Sadiq, GM Mozahidur Rahman, Misbah Uddin, Jobaidur Rahman, Nowab Ali, Azim Uddin Patwary, Sajjad Sarwar, Mojahidul Islam, Mizanul Haque, and AKM Nurun Nabi - filed the public interest petition.
Advocate Mohammad Shishir Monir represented the petitioners during the hearing.
The petition challenges Section 9 of the chief election commissioner and Other Election Commissioners Appointment Act, 2022.
Section 9 states, "The appointment of the chief election commissioner and other election commissioners based on the search committee previously formed by the president...shall be deemed valid and no questions can be raised in any court on the matter."
Monir argued that the section removes the right to challenge the appointments and undermines the judiciary's authority, contrary to Articles 26, 27, and 31 of the Constitution, as well as the principles of separation of powers and judicial independence.
The petition questions the legality of this immunity, arguing it is unconstitutional to prevent challenges to the appointments made in 2014 and 2018.
The Ministry of Law and the election commission have been named as respondents in the petition.
