The New Nation - Internet Edition

UNB, Dhaka

The High Court Wednesday declared "illegal" the appointment of Justice MA Aziz Chief Election Commissioner in his immediate-past tenure as CEC, sealing the scope for government to allow any chosen person to concurrently hold two constitutional posts.

A division bench, comprising Justice ABM Khairul Haque and Justice Abdul Awal, pronounced the judgment, making its twin-rule absolute.

The High Court on June 18 in 2005, following a PIL writ petition, had issued a rule upon the then CEC Aziz, the Election Commission and the government to explain why Aziz's holding the office of CEC alongside being a sitting Supreme Court judge 'should not be held illegal'.

It had also issued rule asking the respondents to show cause under what authority Justice Aziz claimed to be simultaneously holding both offices.

During the hearing of the Public Interest Litigation (PIL) writ petition filed by three lawyers, the court sought legal aid from some eminent jurists-Dr Kamal Hosain, TH Khan, Barrister M Amir-Ul Islam, Mahmudul Islam and Shahdeen Malik-as amicus curiae.

Justice Aziz, keeping his post of judge of the Appellate Division of the Supreme Court, assumed the office of CEC on May 23, 2005, during the BNP-led alliance regime, and landed in controversy by preparing a fresh voter list ignoring Higher Court directive.

On January 21, this year, CEC Aziz resigned, citing a major political alliance's lack of confidence in him and to avert further political unrest in the country.

The political turmoil had toppled the previous caretaker government, in the meantime, and the incumbent one recast the Election Commission.

The writ petitioners were Advocates Ruhul Quddus Babu, Abdul Mannan Khan and Nazneen Nahar Dipu.

Advocate MI Faruqui, assisted by advocate MK Rahman, appeared for the petitioners.