Bangladesh News

The High Court (HC) in a rule yesterday ordered the Election Commission (EC) to explain within four weeks why it shall not be directed to hold the general election within the next 90 days.

It also asked the commission to show cause why its failure to hold an election within 90 days since dissolution of parliament in October 2006 shall not be declared unlawful.

An HC bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam issued the rule in response to a writ petition filed and moved by Supreme Court lawyer barrister Masood R Sobhan.

EC, secretary of the EC Secretariat, chief adviser and the law ministry represented by the law secretary have been made respondents to the rule.

The petitioner said the EC could not hold the parliamentary election within the time stipulated by the constitution.

According to article 123 of the constitution, a general election shall be held within 90 days after parliament is dissolved.

In practice, the EC was recast with the then election commissioners stepping down in the face of controversy and movement by the political parties.

The petition read, “The reconstituted Election Commission has violated the constitution by failing to hold the election within 90 days from taking office.

“It has no legal authority to extend the period beyond 90 days for any reason …….where there is a clear and direct constitutional obligation which must be followed by the Election Commission and the commissioners who owe their very existence to the constitutional provisions.”

In its electoral roadmap, the commission has announced that it would hold polls by December this year after preparing a fresh voter list and identity cards for the voters, and having discussions with all political parties.

The petitioner said the EC has already started a media campaign to establish that it would need “considerable amount of time” to complete the jobs mentioned, though it has no right to delay the election for preparing ID cards.