The High Court has scrapped a plea challenging the legitimacy of the appointment of the chief election commissioner (CEC) and the four commissioners.

The High Court bench of Justice Md Moinul Islam Chowdhury and Justice Md Ashraful Kamal passed the order on Monday (Dec 3).

Lawyer Yusuf Ali represented the petitioner Delwar Hossain while the State was represented by Deputy Attorney General Ekramul Haque Tutul.

Earlier on Nov 26, Yusuf Ali moved the petition seeking to scrap the 2017 gazette notification appointing KM Nurul Huda as the CEC and Mahbub Talukder, Rafiqul Islam, Kabita Khanam and Shahadat Hossain Chowdhury as commissioners.

Citing the Constitution’s Section 118 (1), Yusuf Ali told the media that appointment of the CEC and the commissioner is supposed to happen in line with a law.

“A law is yet to be made, but the appointments took place. We seek a rule asking why the respondents’ inactiveness over fulfilling the provisions of Section 118 (1) will not be declared illegal,” he said.

The CEC, commissioners, secretaries to EC Secretariat and the Ministry of Law, Justice and Parliamentary Affairs were made respondents in the petition.

Citing Section 118 (4), which stipulates the Commission shall be independent in the exercise of its functions and subject only to the Constitution and law, Ali said, “CEC KM Nurul Huda was appointed despite not having prior experience of undertaking independent responsibility.”