Regulation of the validity of appointment of DC Returning Officer


staff reporter: The High Court has issued a rule against the legality of the divisional commissioners and the deputy commissioners’ returning officer in the election. Rule has been asked to explain why the Election Commission issued the gazette on November 8, declaring why the Returning Officer of the Eleventh Jatiya Sangsad Election will not be declared ‘illegal, unconstitutional and unconstitutional’ by the Divisional Commissioner and Deputy Commissioners (DC). Judge Syed Reifful Ahmed and Justice Md Kamrul Islam were hearing a writ petition filed last week. The High Court bench of Iqbal Kabir issued the rule on Wednesday. Senior Law Secretary, Chief Election Commissioner, Public Administration Secretary and Election Commission secretary have been asked to respond to this rule within three weeks. In the interest of the ‘free, fair and impartial’ election, the court did not give directions to the EC and the directive to appoint the district election officials as the Returning Officer instead of the Divisional Commissioners and DCs. After the order, Attorney General Mahbubey Alam told reporters that the court issued the rule but the Deputy Commissioner and the Divisional Commissioners are not barred from performing their duties. The court has postponed the appointment. But if there is any direction in the verdict that will be decided after the hearing of the ruling, then it will remain an example for future elections. Officials of the Election Commission have been given the responsibility of Returning Officer in the local government elections, but in the general elections, it is usually given to DC and divisional commissioners. This year, DC of 64 districts and divisional commissioner of Dhaka and Chittagong have been given the responsibility of returning officers. Opposition BNP secretary general Mirza Fakhrul Islam Alamgir said in a press conference two weeks ago that the government is in charge, most of them have to comply with government officials. That is why in many cases, justice is not possible. Then Supreme Court lawyer Abdur Rahman challenged the Dec 6 decision of the Election Commission and filed the writ on the High Court. On behalf of the court hearing lawyer Shakib Mahbub. And the state was attorney general Mahbubey Alam. After the High Court order on Wednesday, Shakib Mahbub told reporters that according to the Representation of the People Order, 689 officials of the Election Commission have the power to appoint Returning Officers. The jurisdiction does not have any ‘jurisdiction’ to give that responsibility to anyone else. Abdur Rahman’s writ petition said that there is no scope for the DC to be elected. There are constitutional restrictions. It is said in Article 126 of the Constitution: “All executive authorities will be responsible for supporting the responsibility of the election commission.” According to this article, the district administrations are working in the executive body of the Republic. They are working under the Ministry of Public Administration. As a result, they can work as a facilitator if they take part in direct election management. In the opinion of the constitution, Article 4 of Article 118 gives the opinion that the Election Commission will be independent in carrying out the duties. Therefore, it should be assigned to the district election officials.


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