Writ petition filed in High Court seeking postponement of 13th National Election

A writ petition has been filed in the High Court seeking a direction to suspend all activities of the 13th National Parliament election, declare the appointment of the Election Commission's secretaries and field-level officers from the executive branch illegal, and form an independent "Electoral Service Commission".

On Wednesday (December 3), Bangladesh Congress Party Secretary General Advocate Md. Yarul Islam filed the writ. The writ is scheduled to be heard next week by a dual bench headed by Justice Sikder Mahmudur Razi.

The writ petition states that the placement of executive branch officers in the Election Commission Secretariat and their assignment as returning officers is contrary to the constitution. Like the judiciary, the Election Commission also needs to have its own manpower. Therefore, the writ seeks a direction to form an independent "Electoral Service Commission" under the Election Commission.

The petition further states that according to the constitution, the Election Commission is the only authority to conduct elections. But in reality, in every election, the executive branch is given responsibility, which represents the government. This calls into question its impartiality and creates various controversies surrounding the election.

The writ claims that the executive branch has lost its trust and acceptance. The public does not believe that fair elections will be held through them. Therefore, instructions have been sought to appoint the Election Commission's own officials in the entire election process, including the secretary, returning officer and assistant returning officer.

Advocate Yarul Islam said,

"The government and the Election Commission have already started discussions with the DCs on the election issue and there are indications that they will be given the responsibility of conducting the election. If the DCs and executive branch officials are given responsibility again, another influenced election will happen—that is for sure."

He also said,

"District and upazila election officials must be included in the election process. A neutral election free from the control of the executive branch is never possible unless the secretary of the Election Commission is removed."