EC formation
Next EC not to make any difference, says BNP
BNP Secretary General Mirza Fakhrul Islam Alamgir on Tuesday said that the search committee will send a list of people like outgoing CEC KM Nurul Huda to the President.
"They (govt) will now form the Election Commission as per their wish to be reelected. They formed a search committee and enacted a law to constitute such a commission. All these steps were taken to fool people,” he said.
The BNP leader came up with the remarks at a discussion meeting on the eve of the last meeting of the search committee scheduled to be held in the afternoon.
He alleged that the search committee was formed with all belonging to the ruling party. “Not a single one is left out. They’ll send the names to the President today (Tuesday). The Election Commission (EC) may be formed with persons like Huda (KM Nurul Huda).”
Jatiyatabadi Krishak Dal arranged the programme at the Jatiya Press Club titled “Farmer suicide in crop field: A small picture of fascist rule”.
On February 2, a farmer, Shafiuddin, of Sherpur’s Nalitabari killed himself in his crop field in protest against the obstruction to installing an irrigation pump reportedly by the influential ruling party men.
Read: BNP ditches upcoming EC formation law
Fakhrul said the government has completely broken the electoral system of Bangladesh. “Now there’s nothing in it.”
He accused CEC Nurul Huda of helping the government ruin the electoral system. “He (Huda) has to face trial for it. He must be brought to justice for depriving the people of Bangladesh of their right to vote and for destroying the electoral system.”
On February 5, President Abdul Hamid formed a six-member search committee, led by Justice Obaidul Hassan, as per the new law on constituting the Election Commission.
The committee has already had six meetings and received names from professionals, civil society members and different political parties to propose 10 names to the President for appointing the next CEC and other Commissioners. The committee is scheduled to finalise the 10 names in today’s meeting.
Concern over price hike
Fakhrul alleged that the prices of electricity, gas and water are being raised repeatedly only because of plundering public money.
He said BNP must take to the streets protesting the price hike in essential items, including rice, pulses and oil.
"The government must answer why the prices of rice and edible oil have gone up. The maximum price of per kg rice was Tk16-17 during the tenure of our government, but it is now TK60-70. The price of per litre soybean oil was Tk 54 during our, but it is nowTk180. The reason behind is theft and corruption,” the BNP leader said.
He bemoaned that corruption has engulfed all parts of the state and all the sectors during the rule of the current government.
Fakhrul also alleged that the government's statistics on per capita income growth is also 'baseless'.
The BNP leader voiced concern that the law enforcers have continued repressing and killing people. “Law enforcers arrested a man in Sunamganj yesterday (Monday) and beat him to death, forcing hundreds of people to put barricades on roads protesting the incident.”
Read: People looking for a change in govt: Fakhrul
He said corruption is rampant even in every university while the health system has been destroyed. “There is not a single sector where there is no corruption. They (govt) have destroyed the whole state system. "
The BNP secretary general urged the leaders and activists of Krishak Dal to get organised to overcome the current situation of the country.
He also called upon the Krishak Dal leadership to play a vital role in ensuring the rights of farmers and the development of the sector through waging movements on different relevant issues.
2 years ago
Letter seeking names for EC formation sent to BNP
BNP on Thursday received a letter from the search committee formed by the president seeking 10 names for the appointments of the new Chief Election Commissioner and the Commissioners.
“A letter from the Cabinet Division reached our central office today (Thursday). We received the letter,” said party senior joint secretary general Ruhul Kabir Rizvi.
Read: BNP sold out the War of Liberation sharing power with anti-independence forces: Quader
He, however, said their party will not recommend any name as per a decision of their party’s standing committee meeting. “Our party secretary general has already said we won’t give any names to the search committee."
Earlier on February 7, BNP Secretary General Mirza Fakhrul Islam Alamgir said their party thinks it is valueless and meaningless to give names to the search committee. “So, there's no question of giving any name by us.”
2 years ago
Bangladesh one step away to have a law on EC formation
Bangladesh is finally going to have a legal framework for selecting the chief election commissioner and other election commissioners as parliament passed
the “Appointment of the Chief Election Commissioner and Election Commissioners Bill-2022" on Thursday.
Law, Justice and Parliamentary Affairs Minister Anisul Haq moved the Bill and it was passed by voice vote.
Law Minister Anisul Huq placed the Bill in parliament on January 23 seeking to give a legal shield to the current and previous Election Commissions formed through search committees. It was sent to the respective scrutiny committee for deeper examination.
On Wednesday, chairman of the committee M Shahiduzzaman Sarker placed the committee report with some changes in the original Bill
Once assented by the President, the law will provide legal cover to all activities of the search committees.
The government move came nearly 50 years after the constitution prescribed enacting a specific law for forming the EC.
Read: Report on EC formation Bill placed in parliament
Eligibility
The qualification of CEC and election commissioners, after the recommendation from the Parliamentary Committee, is that 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, autonomous and other professions.
2 years ago
Report on EC formation Bill placed in parliament
The report on “Appointment of the Chief Election Commissioner and Election Commissioners Bill-2022" was placed in parliament on Wednesday with some changes in eligibility and ineligibility criteria for the appointment of CEC and ECs.Chairman of the Parliamentary Scrutiny Committee on Law, Justice and Parliamentary Affairs Ministry M Shahiduzzaman Sarker placed the report.The committee changed section 6 (gha) of the Bill where it was mentioned that anyone convicted of a criminal offence involving moral turpitude and sentenced to at least two years’ imprisonment would not be eligible for the post of CEC and election commissioners.It removed the two-year term of imprisonment and kept only the term 'imprisonment' saying that one convicted in a criminal offence of moral turpitude for any term shall not be eligible to be appointed as CEC or Election Commissioner.For becoming CEC and EC, one should have at least 20 years of working experience in any important government, judicial, semi-government or private posts.
Read: Law on EC formation just a ‘blueprint’ to prolong power: BNPThe parliamentary committee has recommended bringing an amendment to this section and adding 'autonomous and other professions' besides government, judicial, semi-government or private posts.If the law is passed with this amendment, people from different professional bodies—autonomous and other professions—will be eligible for the post of CEC and ECs.Law Minister Anisul Huq placed the bill in parliament on January 23 seeking to give a legal shield to the current and previous Election Commissions formed through search committees.The bill was later sent to the parliamentary standing committee on the law ministry for scrutiny.Once passed, the law will provide legal cover to all the activities of the search committees.The tenure of the incumbent commission, led by CEC KM Nurul Huda, expires next month.Ahead of the general elections in 2014 and 2018, the president picked CECs and other commissioners in 2012 and 2017 following recommendations by search committees.The government move came nearly 50 years after the constitution prescribed enacting a specific law for forming the EC.The bill says the previous search committees, their functions and the appointments of the CECs and other commissioners made following their recommendations will be deemed valid, and no question can be raised in any court over the matter.It will be considered that the incumbent and previous ECs were constituted as per the law.As per the proposed law, a six-member search committee will be formed following the president's approval for forming the EC."The search committee will recommend the names of candidates for the chief election commissioner and other commissioners to the president…" it said.The Bill gives legal validity to the previous two search committees.
Eligibility
The qualification of CEC and election commissioners, after the recommendation from the Parliamentary Committee, 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, autonomous and other professions.
IneligibilityIf one 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 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.
Read: New bill a plot to form another EC with loyal people: BNPA 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, the Bill said.
Search Committee 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 eminent personalities nominated by the President.
What Constitution saysThough 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.”
Past PracticeIn 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 committees.This time, President Abdul Hamid also held a dialogue with registered political parties 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.The tenure of the incumbent KM Nurul Huda-led election commission expires on February 14.The cabinet approved the draft of appointing CEC and other election commissioners on January 17.
2 years ago
Law on EC formation just a ‘blueprint’ to prolong power: BNP
BNP on Tuesday described the government’s attempt to enact a law on the Election Commission formation ‘hurriedly’ and ‘secretly’ as mere a ‘blueprint’ to cling to power illegally.
“BNP thinks the current parliament has no moral authority to make such a law since it’s not legally elected by people,” said party secretary general Mirza Fakhrul Islam Alamgir.
Speaking at a press conference at BNP Chairperson’s Gulshan office, he also alleged that Awami League is trying to hold another ‘stage-managed’ election by deceiving people through covertly making the law.
READ: BNP trying to save country, not harming it: Fakhrul
In the current context of Bangladesh, the BNP leader said their party also thinks no election commission will be able to hold a free and fair election unless it is held under a neutral caretaker government. “This truth was established with the unilateral, voterless elections of midnight-vote robbery in 2014 and 2018.”
He said the resignation of the current illegitimate Awami League government, the handover of power to a neutral non-partisan government and holding a free, fair, credible and participatory election run by an election commission to be formed with people acceptable to all based on the opinions of all political parties are the only way to restore democracy in Bangladesh.
Fakhrul underscored the need for a united movement of all political parties, organisations and people to attain this goal.
On Sunday, Law Minister Anisul Haq placed the draft Bill, “Appointment of Chief Election Commissioner and Election Commissioners Bill-2022”, in parliament.
The bill is likely to be passed in the House on Thursday.
The press conference was arranged to inform the media about the outcomes of the virtual meeting of BNP’s standing committee, the highest policymaking body of the party.
It was Fakhrul’s first appearance before the media since he along with his wife tested positive for Covid-19 on January 10.
Fakhrul said the BNP standing committee meetings voiced concern over sending a letter to the UN by the 12 top international human rights bodies seeking a ban on Rapid Action Battalion (RAB) from UN deployment for its alleged involvement in torture, enforced disappearances, and other human rights violations.
“Our standing committee believes that the Awami League government has put Bangladesh at great risk by using state institutions, including RAB, for murder, enforced disappearance, and extrajudicial killings to stay in power illegally,” he said.
Fakhrul said they feared that it will have a negative impact on Bangladesh's security, stability and economy. “The government has to bear all the responsibilities for creating this situation.”
Expressing solidarity with the movement of the students of Shahjalal University of Science and Technology (SUST), the BNP leader said the situation has become complicated due to the ‘authoritarian’ attitude of the university authorities and the government.
READ: New bill a plot to form another EC with loyal people: BNP
He demanded immediate removal of the officials concerned, including the vice chancellor, responsible for the commotion on the SUST campus.
The BNP leader also urged the government to launch an impartial investigation for bringing the members of the police and Bangladesh Chhatra League to justice for attacking the demonstrating students.
Fakhrul also expressed concern over reports of corruption by the education minister in the land acquisition process for setting up the proposed science and technology university in Chandpur.
He urged the government to inform people of the genuine information on the matter through a neutral investigation.
The BNP leader said their party standing committee meeting also voiced concern over the deferment of submission of probe report in the journalist couple Sagar-Runi murder case for the 85th time.
He said the government has an ill-motive behind not submitting the investigation report years after years in the case.
2 years ago
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.”
2 years ago
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.
2 years ago
EC formation law: TIB seeks focus on public expectation
Transparency International Bangladesh on Tuesday demanded that the enactment of an EC formational law be done giving importance to public expectation and taking opinions from the civil society or all stakeholders.
It is a matter of optimism that the draft law was approved following the month-long talks between the President and registered political parties over the constitution of an independent, neutral and non-party election commission, a TIB statement said.
Read: Engage all stakeholders in formulating RMG code of conduct: TIB
“But it’s essential to finalise it (the proposed law) through a complete scrutiny and detailed analysis on the basis of the opinions of the civil society or all the stakeholders before the enactment of such an important law which will reflect a constitutional pledge. So, the draft law will have to be made public soon for all,” it said.
The statement came a day after the Cabinet 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.
TIB Executive Director Dr Iftekharuzzaman said the sudden step taken by the government to enact the election commission law, reflecting the constitutional commitment and the long-standing public expectation, is positive.
2 years ago
BNP trashes draft law over EC formation
BNP on Tuesday said the draft law on the Election Commission (EC) formation will not yield any positive outcome as the party thinks it will only protect the interests of the ruling party.
"The government's attempt to legitimise the ongoing process of forming a loyal and incompetent election commission in the interest of the ruling party will produce the same result as in the past. This time it’s possibly going to be even worse than in previous elections,” said BNP senior leader Nazrul Islam Khan.
Speaking at a press conference at BNP Chairperson’s Gulshan office, he also said what has been happening in the administrative system for so long will now happen in the legal system after the enactment of the law. “That’s why we think it won’t bring any positive change.”
Read: Families of disappearance victims being ‘forced to sign false statements’: BNP
Explaining the reasons behind their disappointment over the draft law, the BNP leader said as per the provision of the draft law no one can be an EC member without having a long experience in government service. “This means no one from civil society or any educationist and jurist can be its member. Where are such restrictions there in the world?”
He said the EC is going to be formed with only government officials or those who have a habit of obeying government orders all their lives and such an EC will not yield any positive outcome.
"People don’t expect anything else from an illegitimate government elected without their votes. We think only an elected government has the ability and moral capacity to form a neutral, independent and competent election commission,” Nazrul Observed.
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.
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.
No election under Hasina
Nazrul Islam, a BNP standing committee member, said their party is not willing to join the general election under the current government and its administration. “We’ve already said this regime is not elected by people’s votes and they're an anti-mass one. So, we won’t go to any election under their administration.”
He said they will also not participate in the polls under the worthless and incompetent EC formed by the current government.
“What they're going to do this time as per the law ultimately will be the same thing as in the past. In our constitution, it’s clearly mentioned that all power is in the hands of the Prime Minister. So, nothing will happen without her approval, no matter what the law says. There’s no reason to believe that she will do anything different this time than what she has been doing for so long,” the BNP leader said.
Read: AL conspiring to rig votes again, alleges BNP
Nothing gained from talks
Nazrul Islam said the President who has no power arranged a dialogue on the EC formation. “History proves that this dialogue is meaningless. Nothing has been achieved from the talks. Rather, the situation has gradually deteriorated.
He said many parties joined the talks and gave many proposals. “But did we see the reflection of any of these proposals? The cabinet prepared law while the President was holding the talks. That's why this dialogue is pointless.”
2 years ago
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.
2 years ago