>election commission violated constitution

>THE High Court (HC) on May 22 said the Election Commission (EC) has violated the constitution by not holding the general election within the stipulated 90 days since dissolution of parliament. (Read full article)
It, however, accepted the commission’s decision to hold the long-stalled ninth parliamentary polls in December this year, considering it reasonable in the context of existing realities.
Ruling on a writ petition, a bench of Justice Mohammad Abdur Rashid and Justice Md Ashfaqul Islam also observed that democracy and the rule of law could not be established due to repeated violations of the constitution.
It said, “As per article 123(3) of the constitution, the Election Commission is bound to hold the election within 90 days after parliament is dissolved. The constitutional provisions are self-executing, and the commission has no right to avoid or violate those.”
In reaction to the court’s observations, Election Commissioner Muhammed Sohul Hussain said the present EC was formed after expiry of the 90-day time limit.
With ATM Shamsul Huda at helm, it took charge on February 5 last year. In an affidavit filed on May 6, it informed the court of its plan and preparations to hold the polls by the year-end.
The HC in its ruling said, “The Election Commission has no discretion to extend the time beyond 90 days.”
In no way can it be acceptable that the EC would not hold the election by that time and allow an unelected caretaker government to run the country, it added.
Besides, the judges expressed surprise that the chief adviser, not the EC, has declared the tentative time table for the election while leaving it to the EC to fix the specific polls date.


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