Barrsiter Shafique Ahmed speaks to DOT
The High Court (HC) on Wednesday questioned the legality of the Election Commission’s decision to appoint deputy commissioners and divisional commissioners as returning officers for the upcoming general election slated for December 30. The court also issued a rule asking the authorities concerned of the government and the EC to explain in three weeks why the decision should not be declared illegal. Petitioner’s lawyer Barrister Saqeb Mahbub told that the EC cannot appoint deputy commissioners and divisional commissioners as returning officers as the returning officers throughout the country as per the Article 4 of the Representation of People Order 1972(R.P.O. 1972) , rather it only can appoint returning officers from its 689 election officers.
Article 4 of R.P.O. 1972 provides that the EC may authorize the Chief Election Commissioner or any of the Election Commissioners or any of its officers to exercise and perform all or any of its powers and functions under this Order.
As per Article 2 of R.P.O. 1972, “Returning Officer” means a returning officer appointed under Article 7 and includes an assistant returning officer exercising the powers and performing the functions of Returning Officer. Article 7 of R.P.O. 1972 provides that EC shall appoint a Returning Officer for each constituency for the purpose of election of a member for that constituency; and a person may be appointed as Returning Officer for two or more constituencies.
EC is a constitutional body which is empowered to carry out the electoral process as stipulated in the Constitution of Bangladesh and the R.P.O 1972. Article 126 of the Constitution provides that it shall be the duty of all executive authorities to assist the EC in the discharge of its functions.
Therefore, R.P.O. 1972 is silent about appointment of deputy commissioners and divisional commissioners as returning officers. On the other hand, the Constitution which is the supreme law of the land, states that the executive authorities will have to assist the EC in the discharge of its functions. In order to conduct a fair and free election in the country, EC needs assistance from executives and that’s why EC has appointed deputy commissioners and divisional commissioners as returning officers, which is consistent with the Constitution of our country.
Barrister Ahmed is former Minister for Law, Justice and Parliamentary Affairs of the Government of Bangladesh
Interviewed by Tasmiah Nuhiya Ahmed, Executive Editor, Daily Our Time.
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