The High Court has issued a rule asking why an order should not be given to take necessary steps to formulate a law or provision to form the Election Commission as per Article 118 of the Constitution.
Justice MoyeenulIslam Chowdhury and Justice JMB Hassan's bench issued the rule Monday after hearing a writ by Yunus Ali Akhand on January 11.
The Cabinet secretary, law secretary, chief election commissioner and parliament secretariat secretary have been made respondents and asked to submit reports within four weeks.
“There’s a provision in the Constitution for formulating law to constitute the EC, but EC is being formed through a search committee which is unconstitutional,” Akhand told the Dhaka Tribune.
He hoped the election commissioners would be neutral and competent people would be appointed in the EC once a law was formulated.
The Constitution’s Article 118 (1) says “There shall be an Election Commission for Bangladesh consisting of 1[the Chief Election Commissioner and not more than four Election Commissioners] and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.”