HC rejects petition seeking suspension of national election

The High Court has dismissed a petition that sought suspension of all activities relating to the upcoming thirteenth national parliamentary election, stating that it was “not pressed”.

The order was passed on Monday by a bench of Justice Shikdar Maahmudur Raji and Justice Riazuddin Ahmed.

Petitioner Barrister Md Yarul Islam told that the petition was dismissed without a hearing, which is what he himself sought.

Asked why, he said that the court observed that the country was heading into an election, and the petition was not appropriate at this stage. Therefore, in consideration of the national interest, the petition was not pressed rather than being decided on merit.

Advocate Yarul Islam is Secretary General of the registered political party Bangladesh Congress. He had filed the petition on December 3.

The petition argued that appointing deputy commissioners as returning officers and upazila executive officers as assistant returning officers was unconstitutional, since the Election Commission already has district and upazila election officers. It claimed that this made the election process dependent on the executive branch, undermining constitutional independence of the commission.

It sought rules as to why election officials at district and upazila levels should not be appointed instead, and why forming an electoral service commission should not be ordered for recruitment of EC-exclusive personnel. Such an administrative model, similar to what exists in the judiciary, was presented as a requirement to ensure EC independence.

The petition also sought directives to halt election arrangements until the rules were resolved.

The High Court has now dismissed the petition as not pressed.