Govt organs can’t interfere with EC functions: SC

The Appellate Division of the Supreme Court in the full text of a verdict observed that none of the government organs, including the executive,can interfere with the Election Commission’s functions as the commission is independent under the constitution.

“From examination of the aforesaid provisions of the constitution, the cumulative effect is that the Election Commission is independent while exercising its power under Article 119 of the constitution, which does not include the power of appointment and terms and conditions of service of the employee under the Election Commission Secretariat,” the apex court said in the 29-page full text of the verdict which was released yesterday.

“According to Article 119, all deputy commissioners, superintendents of police and other officials concerned are placed under the control of the Election Commission during election for the purpose of holding election. Undoubtedly, none of the organs of the government, including the executive, can interfere with the functions of the Election Commission.”

On September 1 last year, a six-member full bench of the Appellate Division, headed by Chief Justice Hasan Foez Siddique, delivered a short verdict on this issue after filing of four appeals by the government challenging a judgement of the Administrative Appellate Tribunal.

Other five members of the apex court bench are Justice Md Nuruzzaman, Justice Obaidul Hassan, Justice Borhanuddin, Justice M Enayetur Rahim and Justice Krishna Debnath (now retired).

In the verdict, the top court scrapped the tribunal judgement that on April 12, 2010, directed the EC to reinstate 85 upazila election officers who were appointed during the tenure of the then alliance government led by BNP and Jamaat-e-Islami.

The EC had terminated them during the regime of the military-backed caretaker government on the grounds that they were appointed on political consideration and they could not pass the suitability test.

In the full text of the verdict, the SC said, “The respondents [85 terminated upazila election officials] could not bring any materials on record from which it could be manifested that there was no allegation of misconduct against them, and an inquiry was held behind their back in pursuant to which they had been terminated from service during the probation period.

“Therefore, we are of the view that the Election Commission Secretariat was in right stand to arrange for a suitability test during the probation period of the respondents and on being unsuccessful in the suitability test the respondents had been terminated from service which we hold to termination simpliciter not stigmatic,” the apex court said.