The High Court has issued a rule asking why the immunity granted to Election Commissioners for the 2014 and 2018 national elections should not be declared illegal. The dual bench of the High Court, led by Justice A.K.M. Asaduzzaman, issued this rule on Tuesday, August 27.
During the hearing, petitioner Advocate Shishir Monir argued that if the appointments of the Election Commissioners in the 2014 and 2018 elections were illegal, then those elections themselves would also be considered illegal.
The rule was requested on August 18. Ten Supreme Court lawyers filed the writ petition in the public interest. The petitioning lawyers include Abdullah Sadiq, G.M. Mojahidur Rahman, Misbah Uddin, Jobaidur Rahman, Nowab Ali, Azim Uddin Patwari, Sajjad Sarwar, Mojahidul Islam, Mizanul Haque, and A.K.M. Nurun Nabi.
The lawyers for the petitioners argue that the 2022 law granting immunity to Election Commissioners from judicial challenges is unconstitutional. They believe that the appointment of Election Commissioners responsible for the 2014 and 2018 national elections was illegal, making the elections conducted under them also illegal.
Advocate Shishir Monir further stated, “The law has granted immunity to the Election Commission, stating that no legal challenge can be made in court regarding this. We believe this challenges the authority of the court.”
He added, “If the court declares this immunity law unconstitutional, then both elections will be questioned.”
Previously, on August 18, ten Supreme Court lawyers filed a writ petition with the High Court challenging the validity of the immunity granted to Election Commissioners for the 2014 and 2018 national elections. The petition also sought to annul the provision that prohibits questioning the appointments of the Chief Election Commissioner (CEC) and other Election Commissioners prior to the 2014 and 2018 elections.
