HC dismisses writ seeking postponement of JS elections
The High Court has dismissed a writ petition seeking to halt all activities related to the 13th Jatiya Sangsad elections, ruling that the matter was “not raised” at an appropriate stage.
A bench comprising Justice Sikder Mahmudur Raji and Justice Rajiuddin Ahmed issued the order on Monday, 8 December, following a hearing earlier that day.
The petitioner, lawyer Yarul Islam, also Secretary General of the little-known political party – the Bangladesh Congress, was present in court.
After the hearing, Yarul confirmed the court’s decision to Jago News, stating that the judges observed an electoral environment had already been established, making it inappropriate to entertain the writ at this juncture. Consequently, the petition was dismissed as “not raised.”
The writ was filed on December 3 on behalf of the Bangladesh Congress, with the Chief Election Commissioner named as the respondent.
It challenged key aspects of the election administration, arguing that assigning election-related responsibilities to the executive branch violates constitutional principles.
The petition contended that, as an independent constitutional body akin to the judiciary, the Election Commission should manage elections using its own personnel.
While the constitution stipulates that the executive must provide logistical and administrative support, it should not assume direct control over electoral management.
According to the petition, the current system – where Deputy Commissioners serve as Returning Officers and Upazila Nirbahi Officers (UNOs) as Assistant Returning Officers – undermines the Commission’s independence. It further objected to the appointment of Election Commission Secretaries from the executive branch of the state, rather than promoting officials from within the Commission’s own ranks, such as District and Upazila Election Officers.
The writ sought the following reliefs:
• A declaration that appointing Deputy Commissioners and UNOs as election officials is unlawful;
• A declaration that selecting EC Secretaries from the Executive Division contravenes constitutional provisions;
• An order directing the appointment of Returning Officers and Assistant Returning Officers exclusively from the Commission’s own cadre;
• The establishment of an independent ‘Electoral Service Commission’ to oversee appointments within the EC through an internal promotion system.
The petitioner also requested an immediate suspension of all election-related activities pending the court’s final determination.
Speaking to Jago News, Yarul expressed concern that the government and Election Commission have already consulted District Commissioners about their roles in the upcoming polls.
He warned that reassigning election management to DCs – representatives of the executives – would lead to another compromised election. He iterated that only by empowering District and Upazila Election Officers and removing the current EC Secretary could a truly neutral and credible electoral process be ensured.
The interim government has announced that both the national parliamentary elections and a national referendum will be held on the same day in early February. Meanwhile, the Election Commission has indicated it will unveil the official election schedule during the second week of December.