SC orders reinstatement of 328 dismissed Upazila Election Officers

The Appellate Division of the Supreme Court has published its full verdict ordering the reinstatement of 328 Upazila Election Officers who were dismissed from service 18 years ago. The court also directed that all service benefits be restored and instructed authorities to provide the legal entitlements due to the families of three officers who have since died.

A five-member bench led by Chief Justice Dr. Syed Refaat Ahmed issued the 17-page verdict on Monday.

In its observation, the court stated that appealing against the Election Commission’s decision amounted to an unconstitutional interference with a sovereign and independent constitutional body.

The officers were appointed during the BNP-Jamaat coalition government and were dismissed on September 3, 2007, during the caretaker government’s tenure. At the time, the dismissals were justified by allegations that the appointments had been politically motivated.

On September 1, 2022, the Appellate Division nullified a tribunal verdict that had previously reinstated the officers. Following that decision, an appeal and four review petitions were filed with the Supreme Court on behalf of the dismissed officials.

In response to a petition from the state, a chamber judge of the Appellate Division had initially stayed the tribunal’s verdict on June 25, 2010, and advised the government to file a formal Leave to Appeal. This was subsequently granted on December 12, 2010, by a three-member bench led by then Chief Justice A.B.M. Khairul Haque.

With the full verdict now published, the legal uncertainty surrounding the fate of these officers has come to a close, paving the way for their reinstatement and for long-denied benefits to be delivered.