Noted jurist Dr Kamal Hossain on Thursday raised a question whether 154 members of parliament (MPs) elected unopposed are public representatives.
While appearing as amicus curiae (friend of the court) in connection with a writ petition challenging the validity of the section 19 of the Representation of the People Order (RPO), Dr Kamal made the remark before the High Court Division bench comprising Justice Mirza Hossain Haider and Justice M Khurshid Alam Khan.
Terming unprecedented the 154 MP candidates’ election unopposed, Kamal, one of the framers of the constitution, submitted that the principle of the constitution was democracy, and all powers in the Republic belong to the people. “So, according to the constitution, the elected representatives will exercise their power on behalf of people,” he contended.
“Can we call those elected unopposed public representatives?” he questioned.
Referring to the constitution, Kamal, also a former minister, further submitted that the judiciary will enjoy full independence and the public representatives will be elected through ballots as the subjects are very important.
About the election process, Dr Kamal said, “What is election? And how will the public representatives be elected? The candidates would be elected according to the wish/choice of people. Even five percent votes were not cast in the 10th national election. Majority remained unelected. Not a single vote had to be cast for 154 seats. But the constitution says, the effective participation of people has to be ensured in democracy.”
Kamal was very critical of the 10th parliament election and said, “We’ve seen the election results published in the newspapers showing no-participation of the people.”
Also head of Gonoforum, Dr Kamal said an appalling situation is now prevailing in the country, and one and all should turn around for restoring the rule of law. “And that’s why, I might be braded as a Razakar at this stage of my life,” he feared.
Dr Kamal’s submission remained inconclusive and it will resume on June 4.
Earlier, the HC had appointed seven people as amici, including Dr Kamal, in aid of the court with arguments over the pending writ.
The remaining amici are Barrister M Amir-Ul Islam, Barrister Rafique-ul Huq, Barrister Moudud Ahmed, Barrister Rokanuddin Mahmud, Barrister Ajmalul Hossain QC, and Dr Badiul Alam Majumder.
On December 17, 2013, Jatiya Party (Japa) leader Khandker Abdus Salam filed the writ petition in the form of public interest litigation (PIL) challenging the validity of the section 19 of the RPO empowering MP candidates to be elected unopposed.
Source: UNB Connect
