CEC, EC appointments: HC questions legality of giving impunity to search committees

The High Court today issued a rule questioning the legality of a provision that provides indemnity to search committees formed by the president to recommend appointments of the chief election commissioners (CECs) and other election commissioners (ECs).

In the rule, the court asked the authorities concerned to explain why Section 9 of the Chief Election Commissioners and other Election Commissioners Appointment Act-2022, which has given such impunity to the search committees, should not be declared illegal and contradictory to the constitution.

The HC bench of AKM Asaduzzaman and Justice Muhammad Mahbub-Ul Islam issued the rule following a writ petition filed challenging the legality of the provision.

On August 18, 10 Supreme Court lawyers filed the writ petition with the HC, saying that section 9 of the Chief Election Commissioners and other Election Commissioners Appointment Act-2022 has given impunity to the search committees, which is illegal and contradictory to the constitution.

The section states that the appointments of the CECs and other ECs based on the recommendations of the search committees and the activities of the committees will be deemed valid and no question shall be raised in any court in this regard, they said in the petition.

The lawyers, who submitted the petition as public interest litigation to the HC are Abdullah Sadiq, GM Mozahidur Rahman, Muhammad Misbah Uddin, Md Zobaidur Rahman, Mohammad Noab Ali, Azim Uddin Patwary, Mohammad Sazzad Saroar, Md Muzahedul Islam, Md Mizanul Hoque, and Mir KM Nurun Naby.

Advocate Mohammad Shishir Manir appeared for the petitioners during the hearing.