Petition challenges immunity for election commission appointments
The section in question prohibits any court from questioning the appointments of the chief election commissioner (CEC) and election commissioners (ECs) for the 2014 and 2018 elections.
The Election Commission building in Agargaon. Photo: Rajib Dhar/TBS
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The Election Commission building in Agargaon. Photo: Rajib Dhar/TBS
A petition has been filed challenging the legality of immunity granted under Section 9 of the Chief Election Commissioner and Election Commissioner Act 2022.
The section in question prohibits any court from questioning the appointments of the chief election commissioner (CEC) and election commissioners (ECs) for the 2014 and 2018 elections.
Filed today (18 August) by ten Supreme Court lawyers, the petition seeks to declare this immunity as unconstitutional.
The lawyers include Abdullah Sadiq, GM Mozahedur Rahman, Misbah Uddin, Zobaidur Rahman, Noawab Ali, Azim Uddin Patwary, Sajjad Sarwar, Mozahedul Islam, Mizanul Haq, and AKM Nurun Nabi.
Advocate Mohammad Shishir Monir, representing the petitioners, explained that Section 9 declares the appointments of the CEC and other ECs, made based on the recommendations of a previous search committee formed by the President, as valid, and precludes any judicial review.
The petition argues that this provision undermines judicial independence and contravenes Articles 26, 27, and 31 of the Constitution. It asserts that such immunity infringes on the principles of separation of powers and judicial review, thus compromising the fundamental structure of the Constitution.
The petition will be reviewed by the High Court bench of Justice AKM Asaduzzaman and Justice Muhammad Mahbub Ul Islam.
The Law Ministry and the Election Commission are named as respondents in the case.
