The High Court has issued a rule asking why the appointment of the deputy commissioners (DCs) as returning officers (ROs) should not be declared illegal.
The Election Commission Secretary and other officials concerned have been made respondents to the rule to be answered within three weeks.
The HC bench of Justice Md Iqbal Kabir and Justice Reefat Ahmed issued the rule on Wednesday (Dec 12) after hearing a writ on the matter.
On Dec 6, lawyer Abdur Rahman filed a petition challenging the legitimacy of appointing deputy commissioners as returning officers.
The writ said that there is a constitutional bar on a deputy commissioner’s appointment as returning officer.
According to Article 126 of the constitution, “It shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions.”
The writ argued that since the deputy commissioners are employees of the state, they cannot be directly related to the execution of polls.
Moreover, section 7 (iv), of the Representation of the People Order says, “It shall be the duty of a Returning Officer to do all such acts and things as may be necessary for effectively conducting an election in accordance with the provisions of this Order and the rules,’ but there is a constitutional bar on deputy commissioners carrying out electoral process.