Legality of CEC, ECs’ appointment challenged

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Staff Reporter :
A Supreme Court lawyer has filed a writ petition with the High Court challenging the legality of the appointment of the Chief Election Commissioner and four other Commissioners claiming that no specific rules worked behind for their appointment.
Advocate Md Delwar Hossain, a resident of Chapainawabganj, submitted the petition to the HC on Sunday afternoon seeking direction upon the government to cancel the appointment of the election commissioners, including CEC Nurul Huda, and to constitute a fresh election commission.
In the petition, he requested the HC to stay the process for holding the upcoming Parliamentary Election on December 30.
Citing the petition, the petitioner’s lawyer Advocate Yusuf Ali told the reporters that a specific rule is supposed to be formulated for the appointment of the CEC and other Commissioners as per Article 118 of the Constitution. But no rules were framed on the appointment of the present Election Commissioners, which is violation of the Constitution.
The lawyer said, an Election Commissioner should have experience of discharging duties independently as per the Constitution, but the incumbent CEC has no past experience.
As he was a bureaucrat and a government official, he did not perform any function independently, he added. And therefore, his appointment contradicts with the Constitution, the lawyer said.
The HC may hold hearing on the petition today (Tuesday), Yusuf Ali added.

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