Former Chief Election Commissioner ATM Shamsul Huda is not ‘satisfied’ with the Election Commission’s (EC) argument for scrapping its own power to disqualify candidates breaching electoral regulations.
He believes the abolition of Section 91(E) of the Representation of the People Order (RPO) will curb the EC’s powers.
The Section authorises the EC to cancel a contestant’s candidature for malpractice or any other grave violation of regulations.
The EC had kicked up a storm and faced a barrage of criticism for recommending the Section’s revocation, saying it was ‘inexecutable’.
It cleared its stance on Monday in a statement pointing out that Section 91 (A) of the RPO also gave the EC the power to scrap candidacy.
Huda, however, believes the explanation is faulty. The Section planned to be axed, he said, had been added to the RPO during his time in the Commission.
“It is up to the current EC whether to keep the provision we added,” he said speaking to bdnews24.com on Tuesday.
“But I don’t think 91 (A) will be as effective as 91 (E),” the former CEC said. “The power to cancel candidacy had been given in 91 (E). I don’t understand why they (EC) are giving one explanation after another.”
On July 30, current CEC Kazi Rakibuddin Ahmad had said it was unwise to have ‘conflicting provisions’ and described the Section as ‘meaningless and inexecutable’.
Section 91 (A) gives the EC power to fine a person or a political party from Tk 20,000 to Tk 100,000 for failing to comply with the directives. The EC will be able to cancel candidature in such cases by issuing a public circular.
Election Commissioner Md Shah Nawaz has said they had recommended scrapping of Section 91 (E) as sub-section 6 of Section 91 (A) gives them the power to cancel candidacy.
In Monday’s statement, the EC said Section 91 (A) preserves the EC’s power to disqualify candidates and will continue to do so.
As per Section 91 (A), an Electoral Inquiry Committee is formed to execute the powers of fining and cancelling candidacy.
A Returning Officer, who preferred anonymity, says an inquiry committee is formed and it starts work only after announcement of election schedules. But the electoral code of conduct is put to effect once the tenure of someone ends or a constituency falls vacant.
“We make the candidates abide by the electoral rules using the power vested by Section 91 (E),” he said. “In its absence, it will be difficult to implement electoral discipline before announcing the schedule.”
The official cleared the difference in implementing the two sections. As per 91 (A), the inquiry committee’s recommendations will be forwarded to the EC after the schedule is announced, he said.
Slapping fine or cancelling candidacy comes only after the aspirant breaches regulations, the Returning Officer said.
He argued Parliament would not have kept the two sections in the RPO had their application been the same.
The 91 (E) was included in the RPO during the parliamentary elections in 2008.
Source: Bd news24
