High Court bins writ petition against election commissioners
12:00 AM, December 04, 2018 / LAST MODIFIED: 01:05 AM, December 04, 2018

HC rejects challenge against appointment of CEC, 4 deputies

Decision on EVM use to remain unchanged

The High Court yesterday rejected a writ petition that challenged the legality of the appointment of chief election commissioner and four other election commissioners.

The bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal rejected the petition considering that it was not moved properly.

There is no legal bar on CEC KM Nurul Huda and four other election commissioners to discharge their duties and to conduct the December 30 election following the HC order, Deputy Attorney General Ekramul Haque Tutul told The Daily Star.

Also read: Election commissioners' appointments challenged

During yesterday's hearing, he told the court that the petition was moved intentionally to frustrate the upcoming general election.

The CEC and election commissioners were appointed on February 6 last year, but the writ petitioner has challenged their appointment after long a delay with a mala fide intention, the deputy attorney general argued.

Supreme Court lawyer Md Delwar Hossain filed the petition with the HC on November 25. He also sought a directive from the HC upon the government to cancel appointments of the election commissioners to constitute a fresh EC and a stay on the process for holding the election.

Advocate Yousuf Ali appeared for the petitioner.



Meanwhile, SC lawyer Eunus Ali Akond yesterday filed a writ petition with the HC challenging the legality of EC's decision to use electronic voting machines (EVMs) in six constituencies. He sought HC directives upon the authorities concerned not to use EVM.

Eunus told The Daily Star that the HC may hear the petition today.

The EC has decided to use EVM in Dhaka-6 and-13, Chattogram-9, Rangpur-3, Khulna-2 and Satkhira-2 in the parliamentary election.

In another development, the HC yesterday summarily rejected a writ petition filed by Bangladesh Jatiya Party Chairman Andaleeve Rahman Partho seeking its directives upon the EC for using EVM at his (Bhola-1) constituency.

The bench of Justice Md Ashfaqul Islam and Justice Mohammad Ali passed the order, saying the use of EVMs is a policy decision of the EC; the HC cannot interfere with the decision, Deputy Attorney General Alamin Sarker told The Daily Star. 

Petitioner's lawyer advocate Ahsanul Karim said his client has not yet instructed him to move any appeal before the Appellate Division challenging the HC order.

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