EC
EC formation Bill: BNP says govt focus on search committee, not EC
BNP on Sunday said the much-hyped Bill on reconstitution of the Election Commission (EC) that has been placed in parliament just looks to be for a search committee formation.
“Experts are saying the Bill that was tabled in parliament today (Sunday) looks like a draft law for a search committee,” said BNP senior joint secretary general Ruhul Kabir Rizvi.
Speaking at a doa mahfil, he said the Bill will not be a law, once it is passed, for the formation of the Election Commission. “So, the draft bill was placed in Baksali parliament just to constitute a search committee.”
Besides, the BNP leader said no public opinion was taken into account while preparing the Bill. “There’s no participation of people in such an important matter.”
Also read: Law on EC formation after dialogue just another ‘joke’: BNP
Jatiyatabadi Tanti Dal arranged the programme on the ground floor of BNP’s Nayapaltan central office seeking divine blessings for the speedy recovery of party chairperson Khaleda Zia.
Law Minister Anisul Haq placed the draft Bill, “Appointment of Chief Election Commissioner and Election Commissioners Bill-2022”, in parliament and it was sent to the scrutiny committee for further examination.
As per the proposed law, a search committee will be formed taking approval from the President over the reconstitution of the Election Commission.
The search committee will recommend the names of suitable candidates before the President to appoint the CEC and other election commissioners,” the Bill says.
Rizvi said when the bill will be turned into law the government and its executive branch will execute it.
Also read: Dialogue before EC formation just a mockery, says BNP
“So, the search committee will be formed with people who are imbued with the spirit of Awami Baksal. Those who wear Mujib Coat will be there in the search committee of the government. This search committee will also find out the people who wear Mujib Coats.”
Describing the current parliament as “illegitimate”, Rizvi said everything happens in the House as per Prime Minister Sheikh Hasina's will since there are no elected public representatives. “So, the Bill on appointing a search committee is illegal. It’s an Awami and Baksali Bill. There’ll be no relation between that search committee and the fair election.”
As the search committee members will not be impartial, Rizvi said they will not find any neutral person. “They’ll pick people who wear Mujib Coats. They’ll find out another KM Huda or Kazi Rakib Uddin who are efficient in holding elections without voters.”
Much-hyped EC formation Bill placed in parliament
The much-talked-about Bill, “Appointment of Chief Election Commissioner and Election Commissioners Bill-2022”, was placed in parliament on Sunday as the government wants to have a law in this regard as per the Constitution.
Law Minister Anisul Haq placed draft law and it was sent to the scrutiny committee for further examination. The committee was asked to submit its report within 7 days.
As per the proposed law, a search committee will be formed taking approval from the President over the constitution of the Election Commission.
The search committee will recommend the names of suitable candidates before the President to appoint the CEC and other election commissioners,” the Bill says.
The move came just one month before the expiry of five-year tenure of incumbent Election Commission, led by CEC KM Nurul Huda, as it is going to complete its five-year term in mid-February.
READ: Much-hyped EC formation Bill set to be placed in parliament Sunday
Qualifications
Qualifications of CEC and election commissioners are: they must be Bangladeshi citizens with minimum 50 years of age, and have at least 20 years of work experience in important government, semi-government, private or judicial posts.
If a person is declared ‘insane’ by any court; has not been released from the jail after being declared as ‘bankruptcy’; acquires the citizenship of or affirms the allegiance to, a foreign country surrendering Bangladeshi citizenship; has been convicted for a criminal offence involving moral turpitude and sentenced to at least two-year imprisonment; convicted by international crime tribunal; and is disqualified for such posts by or under any law, he or she would not be eligible for the post of CEC and election commissioners.
Ineligibilities
A person once held the post of CEC or the Chief Justice, he or she would not be eligible for the post of the CEC. But if a person held the post of election commissioner, he or she might be considered for appointment to the CEC.
READ: Bangladesh’s Golden Jubilee of Independence: PM seeks general discussion in Parliament
In order to give legal protection to the constitution of previous election commissions, it would be considered that these were made under this law, he said.
A justice of the Appellate Division, nominated by the Chief Justice, will be the head of the six-member search committee.
The five other members will be a justice of the High Court Division nominated by the Chief Justice, the Comptroller and Auditor General, the Chairman of the Bangladesh Public Service Commission, two other personalities nominated by the President.
Though the Constitution suggests the appointment of the CEC and other election commissioners under a law, the law was not formulated in the past.
The Article 118 (1) of the Constitution states, “There shall be an Election Commission for Bangladesh consisting of 1[the Chief Election Commissioner and not more than four Election Commissioners] and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.”
What done in the past
In the past, the President appointed the CEC and commissioners in absence of the law.
The last two election commissions, headed by Kazi Rakibuddin Ahmed and KM Nurul Huda, were constituted through search committees formed by the President following his dialogues with political parties.
The President picked the CEC and four election commissioners in 2012 and 2017 from the names suggested by the search committee.
This time, President Abdul Hamid also started a dialogue with registered political parties on December 20 last to discuss the issues related to the constitution of the Election Commission ahead of the 12th general election to be held at the end of 2023 or the early 2024.
According to Article 118 (1) of the Constitution, the Bill will be brought to give a legal shield to the appointments of the CEC and elections commissioners to form the EC.
The tenure of the incumbent KM Nurul Huda-led election commission will expire on February 14.
The cabinet approved the draft of appointing CEC and other election commissioners on January 17—the day the ruling Awami League led by Prime Minister Sheikh Hasina held dialogue with President Abdul Hamid at the Bangabhaban on formation of the next EC.
Much-hyped EC formation Bill set to be placed in parliament Sunday
The much-talked-about Bill, “Appointment of Chief Election Commissioner and Election Commissioners Bill-2022”, will be placed in parliament on (Sunday) as the government wants to have a law in this regard as per the Constitution.According to the business schedule of Sunday’s parliament sitting, Law Minister Anisul Haq will place the draft law on the Election Commission formation.After placing of the proposed law, the law minister will propose to send the Bill to the parliamentary standing committee on the respective ministry for scrutiny and submit it before the House, according to a notice on parliament activities.The Cabinet, in its Monday’s meeting held at the Cabinet Room of the Jatiya Sangsad with Prime Minister Sheikh Hasina in the chair, cleared the draft Bill.As per the proposed law, a search committee will be formed taking approval from the President over the constitution of the Election Commission.The search committee will recommend the names of suitable candidates before the President to appoint the CEC and other election commissioners,” the Bill says.
Read: Canada, US and allies talk aid for Haiti at meetingThe move came just one month before the expiry of five-year tenure of incumbent Election Commission, led by CEC KM Nurul Huda, as it is going to complete its five-year term in mid-February.
QualificationsQualifications of CEC and election commissioners are: they must be Bangladeshi citizens with minimum 50 years of age, and have at least 20 years of work experience in important government, semi-government, private or judicial posts.If a person is declared ‘insane’ by any court; has not been released from the jail after being declared as ‘bankruptcy’; acquires the citizenship of or affirms the allegiance to, a foreign country surrendering Bangladeshi citizenship; has been convicted for a criminal offence involving moral turpitude and sentenced to at least two-year imprisonment; convicted by international crime tribunal; and is disqualified for such posts by or under any law, he or she would not be eligible for the post of CEC and election commissioners.
Ineligibilities
A person once held the post of CEC or the Chief Justice, he or she would not be eligible for the post of the CEC. But if a person held the post of election commissioner, he or she might be considered for appointment to the CEC.In order to give legal protection to the constitution of previous election commissions, it would be considered that these were made under this law, he said.
BNP’s focus on polls-time neutral govt, not EC: Gayeshwar
BNP senior leader Gayeshwar Chandra Roy on Wednesday said their party is least bothered about the draft law on the Election Commission (EC) formation as their main focus is on polls-time neutral government.
“Our demand is meant for a (polls-time) neutral government, not for the Election Commission,” he said.
Gayeshwar, a BNP standing committee member, said the national election in 2001 was held with the Election Commission formed by the Sheikh Hasina government and BNP won 193 seats in that polls under a neutral government.
Read: BNP shrugs off allegation of hiring lobbyists
“So, we don’t have any headache with the Election Commission or the draft law on it,” he said.
Gayeshwar came up with the comments while inaugurating a free medical camp arranged by Doctors’ Association of Bangladesh (DAB) on the ground floor of BNP’s Nayapaltan central office, marking its founder Zaiur Rahman’s 86th birth anniversary.
As per the draft law, he said one of the major conditions is that no one can be an EC member without having experience in important government or semi-government offices or in the judiciary for 20 years. “This means no one other than a government official will be appointed to the Commission. The government officials are Sheikh Hasina's employees.”
Besides, the BNP leader said the civil society members, educationists and jurists cannot be the members of the EC.
He said the search committee was not lawful but it will now come under a legal frame if the law is passed. “It means the illegal thing will become legal through the law.”
On Monday, the Cabinet approved the draft of the ‘Chief Election Commissioner and Election Commissioner Appointment Act, 2022’ to have a law in this regard as per the Constitution.
As per the proposed law, a search committee will be formed taking approval from the President over the constitution of the Election Commission and the search committee will recommend the names of suitable candidates before the President to appoint the CEC and other election commissioners.
Read: BNP trashes draft law over EC formation
The move came just one month before the expiry of the five-year tenure of the incumbent Election Commission, led by CEC KM Nurul Huda, as it is going to complete its five years in office in mid-February.
Gayeshwar urged Prime Minister Sheikh Hasina to get ready to quit power and hold the next election under a non-party administration. “You (PM) have no other alternative. It’s now just a matter of time for you to quit power.”
From the medical camp, doctors gave free treatment to 180 poor patients and distributed medicines among them.
Cabinet clears draft law over EC formation
The Cabinet on Monday approved the draft of the ‘Chief Election Commissioner and Election Commissioner Appointment Act, 2022’ in order to have a law in this regard as per the Constitution.
The approval came from the Cabinet meeting held at the Cabinet Room of the Jatiya Sangsad with Prime Minister Sheikh Hasina in the chair.
“Today, the final approval was given to a draft law over the appointment of Chief Election Commissioner and Election Commissioners,” said Cabinet Secretary Khandker Anwarul Islam while briefing reporters at the Bangladesh Secretariat after the meeting.
As per the proposed law, a search committee will be formed taking approval from the President over the constitution of the Election Commission, he said.
“The search committee will recommend the names of suitable candidates before the President to appoint the CEC and other election commissioners,” he said.
Read: Dialogue before EC formation just a mockery, says BNP
The move came just one month before the expiry of five-year tenure of incumbent Election Commission, led by CEC KM Nurul Huda, as it is going to fulfill its five years in office in mid-February.
Talking about the qualification of CEC and election commissioners, the Cabinet Secretary said they must be Bangladeshi citizens with minimum 50 years of old, and have at least 20 years of work experience in important government, semi-government, private or judicial posts.
He said if a person is declared ‘insane’ by any court; has not been released from the jail after being declared as ‘bankruptcy’; acquires the citizenship of or affirms the allegiance to, a foreign country surrendering Bangladeshi citizenship; has been convicted for a criminal offence involving moral turpitude and sentenced to at least two-year imprisonment; convicted by international crime tribunal; and is disqualified for such posts by or under any law, he or she would not be eligible for the post of CEC and election commissioners.
Describing the last disqualification, he said if a person once held the post of CEC or the Chief Justice, he or she would not be eligible for the post of the CEC. But if a person held the post of election commissioner, he or she might be considered for appointment to the CEC.
In order to give legal protection to the constitution of previous election commissions, it would be considered that these were made under this law, he said.
Anwarul Islam hoped that it would not take much time to make the proposed law into an act.
Also read: EC formation comes up prominently as govt briefs diplomats
Explaining further about the search committee, he said a justice of the Appellate Division, nominated by the Chief Justice, will be the head of the six-member committee.
The five other members will be a justice of the High Court Division nominated by the Chief Justice, the Comptroller and Auditor General, the Chairman of the Bangladesh Public Service Commission, two other personalities nominated by the President.
Though the Constitution suggests the appointment of the CEC and other election commissioners under a law, the law was not formulated in the past.
The Article 118 (1) of the Constitution states, “There shall be an Election Commission for Bangladesh consisting of 1[the Chief Election Commissioner and not more than four Election Commissioners] and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.”
In the past, the President appointed the CEC and commissioners in absence of the law.
The last two election commissions, headed by Kazi Rakibuddin Ahmed and KM Nurul Huda, were constituted through search committees formed by the President following his dialogues with political parties.
The President picked the CEC and four election commissioners in 2012 and 2017 from the names suggested by the search committee.
This time, President Abdul Hamid also started a dialogue with registered political parties on December 20 last to discuss the issues related to the constitution of the Election Commission ahead of the 12th general election to be held at the end of 2023 or the early 2024.
Besides, the Cabinet cleared the drafts of three laws -- Jatiya Muktijoddha Council Act, 2022, Bangladesh Gas, Oil and Mineral Corporation Act, 2022 and Anti-Inequality Act, 2022 (Boishomya Birodhi Aiyen) — as well as the draft of National Salt Policy, 2022.
JP wants law to form next EC for holding acceptable polls
Jatiya Party (JP) led by Anwar Hossain Manju MP on Monday told President Abdul Hamid that the party wanted the next Election Commission to be formed under a law provided by the constitution.
A seven-member delegation headed Manju held talks with the president at the Durbar Hall of Bangabhaban, Jaynal Abedin, press secretary the president told UNB.
The delegation said the EC must get proper cooperation from the executive bodies of the government for holding a free and fair election.
READ: Electoral system in Bangladesh collapsed: GM Quader
However, it said respected acceptable personalities should be included instead of relying on bureaucrats if the president goes for selecting a search committee for EC.
Welcoming the delegation at Bangabhaban, the President Hamid said that the views and suggestions of the political parties are very important in forming an acceptable Election Commission.
Secretary to the President's Office Sampad Barua, Military Secretary Major General SM Salah Uddin Islam, Press Secretary to the President Md. Joynal Abedin were also present on the occasion.
President Hamid opened the dialogue on formation of the next EC on December 20. The current EC is scheduled to end its five-year term in February next.
So far 18 of 32 political parties who were invited in phases joined the talks while six did not participate in the talks.
According to Bangabhaban press wing, the other parties invited for the dialogue are - Islami Front Bangladesh and Bangladesh National Awami Party on January 11, and Bangladesh Nationalist Party ( BNP) and National People's Party ( NPP) on January 12 Bangladesh Kallyan Party, Jaker Party and Bangladesh Jatiya Party on January 13 and Bangladesh Awami League on January 17.
READ: Dialogue before EC formation just a mockery, says BNP
The country has now 39 registered political parties, according to the EC website and only nine of them have representation in Parliament.
The nine parties are Bangladesh Awami League, Jatiya Party, Bangladesh Nationalist Party (BNP), Bangladesh Workers Party, Jatiya Samajtantrik Dal-Jasod, Bikalpadhara Bangladesh, Ganoforum, Bangladesh Tarikat Federation and Jatiya Party-JP.
Talks on EC to go nowhere: BNP
BNP on Saturday said the ongoing dialogue on the reconstitution of the Election Commission (EC) will turn out to be a pointless exercise since it is being done as part of the government’s various fresh tactics to cling to power again.
“The current government has again started resorting to various tactics to hang onto power. The President is holding talks…many political parties have already boycotted it saying clearly that it won’t bear fruits,” said BNP Secretary General Mirza Fakhrul Islam Alamgir.
Speaking at a human-chain programme, he also said the current dialogue initiated by the President is pointless since the Election Commission has nothing to do to ensure credible voting if there is no impartial government in place during the election period.
The BNP leader said the government must completely free Khaleda Zia and hand over the power to a neutral government to ‘restore’ people’s voting rights and overcome the country’s political ‘crisis’.
Once the polls-time government is established, he said it will form an impartial EC to hold a credible national election. “This is our clear message and this is the only way to resolve the crisis.”
Read: BNP trying to reach out to anti-govt parties to forge a greater unity
Nari O Shishu Odhikar Forum, a platform of BNP, arranged the programme in front of the Jatiya Press Club, demanding BNP chairperson Khaleda Zia’s treatment abroad.
President Abdul Hamid began talks with registered political parties over the formation of the new Election Commission on December 20.
The President has already invited 28 parties to join the talks at Bangabhaban. But BNP, Communist Party of Bangladesh (CPB), Bangladesh Samajtantrik Dal (BSD), Islami Andolon Bangladesh,Liberal Democratic Party (LDP) and Jatiya Samajtantrik Dal (JSD-Rob) decided not to join the talks.
Fakhrul urged the political parties to get united for the ‘restoration’ of democracy and people’s voting rights in the country.
“I would like to call upon all political parties and politicians to unite for the greater interest of the country and bring back democracy and the rights of people. Let's establish a government of people and build a happy and prosperous Bangladesh of people,” he said.
Falling poverty line
Fakhrul alleged that the people of the entire country have become hostages to the Awami League while the ruling party men are making huge money and becoming richer.
“The Prime Minister, during her address to the nation, said Bangladesh has become a middle-income country during her rule…but the fact is that the common people have become poor and the poor have become poorer in these 13 years of her rule,” he said.
Read: Khaleda’s treatment: Now BNP to hold rallies in 40 more districts
Besides, the BNP leader said, four crore people have become unemployed while nine crore ones have gone below the poverty line during the rule of the current government.
He said the Awami League leaders are making huge money by illegally taking various opportunities and scopes. “They’re now siphoning off their ill-gotten money abroad.”
Mass demand
Fakhrul said Khaleda Zia’s release and her treatment abroad is now a demand of the mass people of the country. “The government must accept it.”
He warned that the government will have to face dire consequences if it denies the mass demand of Khaleda's release and treatment abroad.
The BNP leader said they have been on a movement in a peaceful and disciplined manner for nearly two months demanding Khaleda’s release and her treatment abroad. “We had many rallies across the country and lakhs of people from those programmes raised slogans seeking her (Khaleda’s) release.”
He urged the government to take immediate steps for allowing Khaleda to go abroad for advanced treatment.
BNP standing committee members Gayeshwar Chandra Roy, Selima Rahman, Nagorik Oikya convener Mahmudur Rahman Manna and Bangladesh Kalyan Party Chairman Maj Gen (retd) Syed Muhammad Ibrahim, among others, spoke at the programme.
Ganotantri Party wants constitutional council to form EC
Leaders of Ganotantri Party and Bangladesh Khelafat Andolan on Monday met separately President Abdul Hamid at Bangabhaban to present their views and proposals on the formation of a new Election Commission for holding the 12th parliamentary polls.
A seven-member delegation of Ganotantri Party was led by its president Barrister Arash Ali, while Mawlana Atullah Hafezi, chairman of Bangladesh Khelafat Andolan, led his party’s seven-member team in the talks held at the Durbar Hall of the president’s house, according to Jaynal Abedin, press secretary to the president.
Ganotantri Party proposed that a constitutional council be set up to form the EC. The council should comprise the prime minister, leader of the opposition in parliament, speaker, chief justice and attorney general.
The party also urged to take the action against those who will use the religion, muscle power and illegal money during election. It said that EC should be held accountable for their activities during the election and post-election period.
The party also called for banning all anti-liberation parties and individuals in the country.
Also read: No scope now for law on EC formation: Law Minister
Bikalpa Dhara, Gono Forum join president’s dialogue on EC
Bikalpa Dhara Bangladesh and Gono Forum on Sunday took part in a discussion with President Abdul Hamid on the formation of Election Commission.
The tenure of the current EC will end on 14 February this year, according to the constitution.
President's press secretary Joynal Abedin told UNB that Bikalpa Dhara Bangladesh and Gono Forum participated in the discussion at 6pm and 7pm respectively.
An eight-member delegation led by Mokabbir Khan, Executive President of Gono Forum, took part in the discussion held at the Durbar Hall of Bangabhaban.
Also read: No scope now for law on EC formation: Law Minister
Welcoming both parties seperately at Bangabhaban, Abdul Hamid said the aim of the talks was to seek the views of political parties on forming an acceptable election commission.
President to hold dialogue with 2 more political parties Sunday
President Abdul Hamid will meet two more registered political parties on Sunday as he continues discussions with political parties on formation of the next Election Commission.
The tenure of the current EC is to expire on February 14 next year.
Bangladesh National Awami Party (NAP) has been invited to join the dialogue at 4pm on December 26 while Bangladesher Samajtantrik Dal (BSD) will meet the President at 6 pm the same day, President’s Press Secretary Joynal Abedin told UNB.
Bangladesh Tarikat Federation and Khelafat Majlish will participate in the discussion at 4 pm and 6 pm on December 27 respectively while Bangladesh Workers' Party is scheduled to meet the President at 4pm on December 28.
Read: President’s dialogue with Jatiya Samajtantrik Dal in progress
On December 29, Bangladesh Nationalist Front (BNF) was invited to hold the dialogue at 4pm and Islami Oikya Jote will exchange their views with the President at 6pm on the same day.
On January 2, Goro Forum was invited to join the dialogue at 6pm while Bikolpadhara Bangladesh at 7 pm on the same day. And Gonotantri Party and Bangladesh Communist Party will participate in the discussion at 6 pm and 7 pm on January 3 respectively.
Hamid also met the leaders of Jatiya Samajtantrik Dal (Inu) at Bangabhaban on Wednesday.
President of Jatiya Samajtantrik Dal Hasanul Haq Inu led his party’s six-member delegation in the dialogue.
Earlier, the President opened the dialogue on December 20 with Jatiya Party (JaPa), the main opposition party in Parliament.
Read: Presidential dialogue on EC: Jatiya Samajtantrik Dal to meet on Wednesday
An eight-member JaPa delegation, led by its chairman GM Quader, joined in the discussion.
Now there are 39 registered political parties in Bangladesh, according to the EC website and nine of those only have representation in Parliament.
The nine parties are Bangladesh Awami League, Jatiya Party, Bangladesh Nationalist Party (BNP), Bangladesh Workers Party, Jatiya Samajtantrik Dal-Jasod, Bikalpadhara Bangladesh, Ganoforum, Bangladesh Tarikat Federation and Jatiya Party-JP.