Tuesday, 18 January, 2022
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HC turns down writ seeking enactment of law for EC formation

HC turns down writ seeking enactment of law for EC formation

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The High Court on Sunday rejected a writ petition seeking its directive to enact a law for the formation of the Election Commission as per Article 118 (1) of the Constitution.
 
A bench of Justice Md Mojibur Rahman Mia and Justice Md Kamrul Hossain Mollah turned down the petition.
 
Advocate Md Yarul Islam appeared for the writ petitioner while Attorney General AM Amin Uddin represented the state.
 
On October 13, the writ petition was filed with the High Court seeking its directive to enact a law for the formation of the Election Commission as per Article 118 (1) of the Constitution.
 
The writ petition sought the suspension of all activities related to the formation of the Election Commission till the enactment of the law.
 
The writ petition was filed by Advocate Md Yarul Islam, a lawyer of the Supreme Court and secretary general of Bangladesh Congress, a registered political party.
 
The Law Secretary and the Chief Election Commissioner were made respondents to the writ.
 
Advocate Md Yarul Islam said, "It’s possible to formulate a law to form the EC within a week if the government wants. Part VII of the Constitution states what would be the law for the formation of the Election Commission.”
 
On October 7, Law Minister Advocate Anisul Huq said the Election Commission will be constituted through a search committee.
 
“It won’t be possible right now due to the Covid-19 pandemic as the tenure of the current EC will expire in February next,” he added.