Constitutional process to elect 23rd president begins

Mohammed Shahabuddin, who was elected president during the Awami League government’s tenure, resigned on Friday, setting in motion a constitutional process that will culminate in the election of the country’s 23rd president.

The Election Commission (EC) has already said it will begin the process shortly, holding a commission meeting before announcing the election schedule and completing the required legal formalities.

“Once the president submits a signed resignation letter, the office becomes vacant immediately,” Election Commissioner Abdur Rahmanel Masud told bdnews24.com on Friday.

“The speaker will perform the president’s duties until a new president is elected. We will conduct the election to fill the vacancy within 90 days from the date of resignation.”

The chain of events began on Wednesday, when exiled journalist Zulkarnaine Saer wrote on Facebook that Shahabuddin was preparing to resign on health grounds.

He also claimed that Cabinet Secretary Nasimul Ghani, rather than a senior BNP leader, had emerged as a preferred choice for the presidency.

By Thursday, several officials at Bangabhaban and a close associate of Shahabuddin told bdnews24.com that the president had decided to step down, although submission of his resignation letter was being delayed because Speaker Hafiz Uddin Ahmad was abroad.

Attention quickly shifted to bringing the speaker back from Thailand. By Friday afternoon, it had become clear that the constitutional formalities would proceed after his return.

Asked directly about his resignation before the announcement, Shahabuddin told bdnews24.com: “I am sick, so it’s done.”

About an hour later, Hafiz confirmed at a press conference in parliament that he had received and accepted the resignation letter.

Under the Constitution, the office of president became vacant the moment the resignation was accepted, with Hafiz immediately assuming the role of acting president under Article 54.

The Election Commission, led by Chief Election Commissioner AMM Nasir Uddin, will now organise the country’s first presidential election since February’s parliamentary polls.

Although Shahabuddin was Bangladesh’s 22nd president, he was only the 18th individual to hold the office because several presidents served multiple terms.

The focus now shifts to electing the country’s 23rd president.

How the Process Works

Article 50 of the Constitution requires a president wishing to resign to submit a signed resignation letter to the speaker.

Article 54 provides that the speaker assumes the president’s functions whenever the office falls vacant until a new president takes office.

Because Shahabuddin resigned rather than completing his term, Article 123(2) requires a new president to be elected within 90 days.

The Election Commission will conduct the election under the President Election Act, 1991.

The chief election commissioner serves as the returning officer and will first consult the speaker before preparing an updated electoral roll comprising members of parliament, the sole voters in the election.

Following that meeting, the commission will announce the election schedule, setting dates for nominations, scrutiny, withdrawals and, if necessary, polling inside the parliament chamber.

“We will hold a commission meeting, discuss the details and complete the preparations,” Rahmanel Masud said.

“Necessary steps under the President Election Act, 1991, will be taken shortly.”

Candidates need not be lawmakers but must be eligible to become members of parliament, be at least 35 years old and must not have previously been removed from the presidency through impeachment.

Each nomination must be proposed and seconded by MPs and carry the candidate’s signed consent.

If only one valid candidate remains after scrutiny and withdrawals, the Election Commission will declare that person elected unopposed. If more than one candidate qualifies, MPs will cast secret ballots in parliament.

Since the restoration of parliamentary democracy in 1991, lawmakers have voted only once in a contested presidential election.

BNP nominee Abdur Rahman Biswas won with 172 votes against Awami League candidate and former chief justice Badrul Haider Chowdhury, who received 92.

Every presidential election since has been uncontested.

With the BNP holding 210 seats in the 13th Parliament, alongside a majority of reserved women’s seats through its allies, and the Jamaat-e-Islami-led opposition bloc controlling 77 seats, the governing party’s nominee is widely expected to become Bangladesh’s next president without a parliamentary contest.

Source: https://thefinancialexpress.com.bd/national/constitutional-process-to-elect-23rd-president-begins