Law
week
HC seeks to know when EC holds polls
The High Court (HC) yesterday asked the Election Commission (EC) to inform the court through affidavit when it would complete preparation of the voter list and hold the next parliamentary election. The directive came during the hearing on a rule of a writ petition filed by barrister Masood R Sobhan on January 27 saying the commission has no authority to delay the general election beyond the stipulated 90 days. Following the writ petition, an HC bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam issued the rule on the EC to explain why it shall not be directed to hold the general election within 90 days. The HC had also asked the commission to explain why its failure to hold the election within 90 days since dissolution of parliament in October 2006 shall not be declared unlawful. The EC, the EC secretary, the chief adviser and the law ministry represented by the law secretary were made the respondents. The court adjourned the hearing until May 7. -The Daily Star, May 01, 2008.
133 constituency boundaries changed, Dhaka gets 20 seats
The Election Commission (EC) yesterday unveiled a draft list of parliamentary seats with their boundaries redrawn district-wise. f the 300 constituencies, 133 have seen changes in boundaries and the rest remained intact. Chief Election Commissioner (CEC) ATM Shamsul Huda presented the list of redefined electoral districts at a press conference at the EC Secretariat's conference room. According to the catalogue, seats representing 17 districts in parliament have either increased or decreased. After massive delineation of boundaries, seven new seats have been added to Dhaka district. Metropolitan areas with high density of population won all the seven additions. The number of constituencies in the capital now stands at 15, up from eight, while that in Dhaka district at 20, rising from 13. -The Daily Star, April 30, 2008.
HC halts Supreme Judicial Commission function
The High Court (HC) yesterday stayed for three months functions of the Supreme Judicial Commission constituted recently by an ordinance to ensure transparency and impartiality in the appointment of Supreme Court (SC) judges. The order came on a writ petition filed the same day by an SC lawyer challenging the constitutionality of the ordinance titled “Supreme Judicial Commission Ordinance 2008”.
An HC division bench comprising Justice Syed Mahmud Hossain and Justice Farid Ahmed also issued a rule on the government and SC registrar to explain within three weeks why the ordinance shall not be declared unconstitutional.
President Iajuddin Ahmed promulgated the law in March as part of the government measures to do away with room for politicisation in the appointment of judges to the HC and Appellate Divisions of the SC. The ordinance prescribes setting up a nine-member commission that headed by chief justice will recommend names for appointment as additional judges to the HC. The petitioner observed that composition of the commission is unconstitutional as six of the members come from the executive and legislature. Besides, he contended, five are below the rank and status of SC judges. -The Daily Star, April 29, 2008.
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