HC questions legality of immunity for CEC, EC appointments

The High Court (HC) has asked the government to explain why the provision of immunity granted under Section 9 of the "Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022" should not be declared illegal.

The cited section in question prohibited any court from questioning the appointments of the chief election commissioner (CEC) and election commissioners (ECs) for the 2014 and 2018 elections.

Following a writ petition, the HC bench of Justice AKM Asaduzzaman and Justice Muhammad Mahbub Ul Islam issued the rule today, Mohammad Shishir Monir, the petitioners' lawyer, told the media.

The cabinet secretary, law secretary, election commission secretary and others concerned have been asked to respond to the rule within four weeks.

On 18 August, 10 Supreme Court lawyers filed a writ petition challenging the legality of immunity granted under Section 9 of the Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022.

The lawyers who filed the petition are — Abdullah Sadiq, GM Mozahedur Rahman, Misbah Uddin, Zobaidur Rahman, Noawab Ali, Azim Uddin Patwary, Sajjad Sarwar, Mozahedul Islam, Mizanul Haque, and AKM Nurun Nabi.

"Section 9 of the Act is being challenged because it 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 it prevents any court from questioning these appointments," Advocate Mohammad Shishir Monir said that day.

The petition argues that Section 9 removes the right to seek judicial review against the appointments of ECs and limits the judiciary's power. 

Monir said, "This section is contrary to Articles 26, 27, and 31 of the Constitution, as well as the principles of separation of powers and judicial independence. It undermines the judiciary's authority and makes such immunity entirely unconstitutional."