The High Court on Tuesday questioned the legality of the government's decision on refusing to give detailed information over who proposed whose names for the formation of the latest Election Commission.
The court issued a rule upon the concerned bodies of the government to explain in four weeks as to why their decision not to provide information about who nominated whose names in selecting qualified persons for the posts of Chief Election Commissioner (CEC) and other Election Commissioners.
The High Court bench of Justice Farah Mahbub and Justice Ahmed Sohel passed the order after hearing a writ petition filed in this regard.
Information Commission and Cabinet Secretary have been asked to comply with the rule within four weeks.
The Information Commission on June 7 this year gave a decision that the information about who nominated whose names is not givable.
Later Dr Badiul Alam Majumdar, Secretary of the rights organization Sushasoner Jonno Nagorik (SUJAN), and three other people filed a writ petition with the High Court challenging the legality of the decision passed by the Information Commission.
Lawyers Sharif Bhuiyan and Saiful Alam Chowdhury appeared in the High Court hearing on behalf of the writ petitioners, while Deputy Attorney General Samarendra Nath Biswas represented the state.
On February 16 this year, Badiul Alam Majumdar made an appeal to the official concerned of the Cabinet Division seeking full particulars of the names of the proposed persons recommended for the formation of the new Election Commission and also the information about who proposed whose names to the search committee.
On March 1, the official in charge expressed his inability saying that the Cabinet Division has no jurisdiction to provide any information in this regard.
SUJAN's secretary then made an appeal to the appellate authority of the Cabinet Division against the inability. Finally, he complained to the Information Commission as he did not get a response within the stipulated time.
However, the Information Commission dismissed the complaint on June 7 stating that the requested information is not givable. In this circumstance, four persons filed the writ petition challenging the government's decision.
A six-member search committee was formed on February 5 this year to select qualified persons for the formation of the new Election Commission.
The committee urged the political parties and individuals to recommend names for the EC. On 14 February, the Cabinet Division published a list of 322 individuals proposed by different political parties, organizations and individuals. However, it was not published who nominated whose name.
The search committee on February 22 finalized 10 names and recommended those to the President for the formation of the EC. The President on February 26 appointed former Senior Secretary Kazi Habibul Awal as the Chief Election Commissioner and four others as Commissioners.
