Staff Reporter :
The High Court (HC) on Wednesday questioned the legality of the Election Commission’s decision to appoint Deputy Commissioners and Divisional Commissioners as Returning Officers for the upcoming general election slated for December 30.
The court also issued a rule asking the authorities concerned of the government and the EC to explain in three weeks as to why the decision should not be declared illegal.
The HC bench of Justice Syed Refaat Ahmed and Justice Md Iqbal Kabir passed the rule after hearing a writ petition filed by Supreme Court lawyer Advocate Abdur Rahman challenging the legality of the EC’s decision.
Petitioner’s lawyer Barrister Saqeb Mahbub told the reporters that the EC cannot appoint DCs Returning Officers throughout the country as per the Article 4 of the Representation of Peoples Order (RPO). Rather it only can appoint Returning Officers from its 689 Election Officers, he said.
The lawyer added that the appointment of the Deputy Commissioners and Divisional Commissioners as the ROs for holding the election is a violation of the RPO.
Meanwhile, Attorney General Mahbubey Alam said, there is no legal bar for the DCs and Divisional Officers to discharge election duties as ROs following the HC rule as it did not pass any stay order on Wednesday.
The High Court (HC) on Wednesday questioned the legality of the Election Commission’s decision to appoint Deputy Commissioners and Divisional Commissioners as Returning Officers for the upcoming general election slated for December 30.
The court also issued a rule asking the authorities concerned of the government and the EC to explain in three weeks as to why the decision should not be declared illegal.
The HC bench of Justice Syed Refaat Ahmed and Justice Md Iqbal Kabir passed the rule after hearing a writ petition filed by Supreme Court lawyer Advocate Abdur Rahman challenging the legality of the EC’s decision.
Petitioner’s lawyer Barrister Saqeb Mahbub told the reporters that the EC cannot appoint DCs Returning Officers throughout the country as per the Article 4 of the Representation of Peoples Order (RPO). Rather it only can appoint Returning Officers from its 689 Election Officers, he said.
The lawyer added that the appointment of the Deputy Commissioners and Divisional Commissioners as the ROs for holding the election is a violation of the RPO.
Meanwhile, Attorney General Mahbubey Alam said, there is no legal bar for the DCs and Divisional Officers to discharge election duties as ROs following the HC rule as it did not pass any stay order on Wednesday.
