HC seeks to know when EC holds polls

Trackback URL

Download PDF

The High Court (HC) yesterday asked the Election Commission (EC) to inform the court through affidavit when it would complete preparation of the voter list and hold the next parliamentary election.

The directive came during the hearing on a rule of a writ petition filed by barrister Masood R Sobhan on January 27 saying the commission has no authority to delay the general election beyond the stipulated 90 days.

Following the writ petition, an HC bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam issued the rule on the EC to explain why it shall not be directed to hold the general election within 90 days.

The HC had also asked the commission to explain why its failure to hold the election within 90 days since dissolution of parliament in October 2006 shall not be declared unlawful.

The EC, the EC secretary, the chief adviser and the law ministry represented by the law secretary were made the respondents.

The court adjourned the hearing until May 7.

Following a response to the rule, petitioner Masood himself moved for hearing yesterday, saying the written reply of the EC does not have information about when it will complete the voter listing job and hold the national election.

After his submission the court asked EC counsel Dr Shahdeen Malik to inform the court about these matters. The court also enquired if the omissions were a mistake or done intentionally.

In its reply to the rule, the EC mentioned its roadmap announcing that it would hold polls by December this year after preparing a fresh voter list and identity cards and having discussions with all political parties.

The court asked the EC counsel to explain on what authority the commission has deferred the election beyond 90 days since dissolution of parliament and its legal basis for preparing the roadmap.

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

The EC was recast after the then election commissioners stepped down in the wake of controversy and movements by 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,” the petitioner said.

Leave a Reply