New EC appointment may be challenged

Warn legal experts

Experta said the appointments of the chief election commissioner (CEC) and other commissioners might be challenged in the High Court, if the government appoints them without enacting a law in line with the Constitution. Constitutional expert Shahdin Malik said, “Parliament should pass a law in accordance with the Constitution before making the new EC appointments to ensure fair, neutral and participatory polls.”
“If the new election commissioners are appointed without making such a law, their appointments may be challenged in the High Court,” he added.
He said, “There can a problem if someone goes to court, challenging the appointment without the enactment of the law.” According to Article 118(1) of the Constitution, which was framed in 1972, there shall be an Election Commission (EC) for Bangladesh comprising the CEC and not more than four commissioners, and the appointment of the CEC and other commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.
Former CEC ATM Shamsul Huda said, “Those who framed the Constitution made it mandatory to enact the law. So, this is an obligation. If anyone files a writ petition with the court against the current system of recruitment, its legality will be questioned.” Talking to this correspondent, former CEC Brig. Gen. (retd) Shakhawat Hossain said a law on the appointment of election commissioners would end all debates on the issue and enable the appointees to function properly. “The EC has to be acceptable to all. The appointment of election commissioners should be done in accordance with the law so that no one can question their neutrality or appointment,” he added.
The former CEC said a draft law on the appointment of the election commissioners was framed after consulting all stakeholders and experts. “It was also submitted to the authorities for enactment. But I don’t know why it was not made into a law,” he added.
There is every possibility of a writ petition being filed in the High Court, challenging the legality of the appointments of the election commissioners, if the government appoints them without formulating the law as per the constitutional provision, he noted.
Earlier, on September 28, in a statement, Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), had urged the government to formulate a law pertaining to EC appointments before forming a new body to ensure its credibility. “If there is political will, the law can be formulated before constituting the new commission in February 2017,” he had said. Political parties and other stakeholders are discussing and debating the formation of a new EC, as the five-year term of the current one, led by Kazi Rakibuddin Ahmad, ends on February 8 next year. The present EC was formed on January 24, 2012 after a five-member search committee, led by an Appellate Division judge, selected by the chief justice, recommended their names. The other members of the committee were a High Court judge, the comptroller and auditor general, and the Public Service Commission chairman.

New EC appointment may be challenged

Warn legal experts

Experta said the appointments of the chief election commissioner (CEC) and other commissioners might be challenged in the High Court, if the government appoints them without enacting a law in line with the Constitution. Constitutional expert Shahdin Malik said, Parliament should pass a law in accordance with the Constitution before making the new EC appointments to ensure fair, neutral and participatory polls. If the new election commissioners are appointed without making such a law, their appointments may be challenged in the High Court, he added. He said, There can a problem if someone goes to court, challenging the appointment without the enactment of the law. According to Article 118(1) of the Constitution, which was framed in 1972, there shall be an Election Commission (EC) for Bangladesh comprising the CEC and not more than four commissioners, and the appointment of the CEC and other commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President. Former CEC ATM Shamsul Huda said, Those who framed the Constitution made it mandatory to enact the law. So, this is an obligation. If anyone files a writ petition with the court against the current system of recruitment, its legality will be questioned. Talking to this correspondent, former CEC Brig. Gen. (retd) Shakhawat Hossain said a law on the appointment of election commissioners would end all debates on the issue and enable the appointees to function properly. The EC has to be acceptable to all. The appointment of election commissioners should be done in accordance with the law so that no one can question their neutrality or appointment, he added. The former CEC said a draft law on the appointment of the election commissioners was framed after consulting all stakeholders and experts. It was also submitted to the authorities for enactment. But I dont know why it was not made into a law, he added. There is every possibility of a writ petition being filed in the High Court, challenging the legality of the appointments of the election commissioners, if the government appoints them without formulating the law as per the constitutional provision, he noted. Earlier, on September 28, in a statement, Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), had urged the government to formulate a law pertaining to EC appointments before forming a new body to ensure its credibility. If there is political will, the law can be formulated before constituting the new commission in February 2017, he had said. Political parties and other stakeholders are discussing and debating the formation of a new EC, as the five-year term of the current one, led by Kazi Rakibuddin Ahmad, ends on February 8 next year. The present EC was formed on January 24, 2012 after a five-member search committee, led by an Appellate Division judge, selected by the chief justice, recommended their names. The other members of the committee were a High Court judge, the comptroller and auditor general, and the Public Service Commission chairman.