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Download PDF The High Court (HC) yesterday declared “illegal” the appointment of Justice MA Aziz as the chief election commissioner who preceded the current CEC, sealing the scope for the government to allow any person to concurrently hold two constitutional posts.
A division bench, comprising Justice ABM Khairul Haque and Justice Syed Ziaul Karim, pronounced the judgment, making its twin-rule absolute.
The HC on June 18 in 2005, following a Public Interest Litigation (PIL), had issued a ruling upon the then CEC Aziz, the Election Commission and the government, asking them why Aziz’s holding the office of CEC alongside being a sitting Supreme Court judge should not be held illegal.
It had also issued a rule asking the respondents to show cause under what authority Justice Aziz simultaneously held both offices.
During the hearing of the writ petition filed by three lawyers, the court sought legal aid from eminent jurists Dr Kamal Hosain, TH Khan, Barrister M Amir-Ul Islam, Mahmudul Islam, and Shahdeen Malik — as amicus curiae.
Justice Aziz, assumed the office of CEC on May 23, 2005, during BNP-led alliance government’s regime, while retaining his post of a judge of the Appellate Division of Supreme Court at the same time. He also landed in a controversy by preparing a fresh voter list ignoring a higher court directive.
On January 21, this year, CEC Aziz resigned, citing a major political alliance’s lack of confidence in him and to avert further political unrest in the country.
The political turmoil led to the toppling of the immediate past caretaker government followed by recasting of the Election Commission by the incumbent caretaker government.
The writ petitioners were Advocates Ruhul Quddus Babu, Abdul Mannan Khan and Nazneen Nahar Dipu.
Advocate MI Faruqui, assisted by advocate MK Rahman, appeared for the petitioners.
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