A writ petition has been filed with the High Court seeking postponement of the upcoming Jatiya Sangsad elections and challenging the legality of appointing key Election Commission (EC) officials from the executive branch of the state.
Filed on Wednesday, December 3, by Advocate Md Yarul Islam, secretary general of a little-known political party – Bangladesh Congress, the petition argues that appointing the EC Secretary, Returning Officers and Assistant Returning Officers from the executive branch violates the Constitution.
The writ seeks a rule asking why these appointments should not be declared illegal and why instructions should not be issued to form a separate Electoral Service Commission to provide the EC with its own workforce – similar to the judiciary.
According to the petition, conducting elections with officials from the executive branch undermines the EC’s constitutional independence. It claims that the executive, acting as a representative of the government, conducts elections according to “government needs,” creating controversy and eroding public trust.
It further states that the executive branch has “lost acceptance and credibility,” making fair and neutral elections unlikely unless EC roles are filled from its own cadre.
Speaking to Jago News, Advocate Yarul Islam said the government and EC have already held meetings with deputy commissioners (DCs), assigning them election duties. “If they are again tasked with conducting the elections, another influenced election is inevitable,” he said.
He demanded removal of the EC Secretary and inclusion of district and upazila election officers in the election management structure to ensure neutrality.
The High Court bench is expected to hear the writ petition next week.