The High Court on Tuesday issued a ruling asking the government to explain in four weeks the constitutionality of a provision in the appointment of Chief Election Commissioner and Other Election Commissioners Act, 2022.

The challenged Section 9 of the Act stating that the search committee, established by the president for appointing the chief election commissioner and other election commissioners, and any actions and appointments made based on the committee’s recommendations, shall be considered legally binding.

It further stipulates that no legal challenges against these actions or appointments shall be entertained in any court.

The ruling was issued by a bench of Justice AKM Asaduzzaman and Justice Mahbub Ul Islam following a public interest litigation writ petition filed by Supreme Court lawyer Abdullah Sadiq and nine other lawyers.

Lawyer Mohammad Shishir Manir, representing the petitioners, argued that this indemnity clause infringes upon the Supreme Court’s constitutionally mandated authority of judicial review.

On February 25, 2022, former defence secretary Kazi Habibul Awal was appointed as the new chief election commissioner, along with four other individuals, including two former secretaries, who were appointed as election commissioners based on the recommendations of the search committee formed by the president.

The search committee, established on February 5, 2022, in accordance with the appointment of Chief Election Commissioner and Other Election Commissioners Act, 2022, was led by the then Appellate Division judge Justice Obaidul Hassan.

The five appointees were selected from a shortlist of 10 candidates by the six-member search committee.

The appointed election commissioners are retired district and sessions judge Rashida Sultana, retired brigadier general Ahsan Habib Khan, and retired senior secretaries Md Alamgir and Anisur Rahman.