Noman Mosharef :
The tenure of the present Election Commission (EC) is going to end in February 2022. In the meantime, the discussion on forming a new commission has got momentum in the political arena.
Meanwhile, major political parties-ruling Awami League (AL) and main opposition Bangladesh Nationalist Party (BNP) and Jatiya Party (JaPa) and others-have expressed their opinion to form the next Election Commission.
Top leaders of the opposition parties said to hold a free and fair election and to ensure people’s voting rights there is no option to form an independent, strong, effective and meaningful Election Commission complying with non-partisan, neutral and acceptable persons.
They also demanded radical changes of the electoral system.
Ruling AL leaders said ‘Search Committee’ had formed the incumbent EC after discussion with all political parties. It is a fair and transparent method. The next EC will also be formed by search committee’s suggestion.
On the other hand, BNP has said it will send a letter to the President comprising few proposals. The party also said if the government forms the EC following the previous method, it wouldn’t be acceptable to us. We are on decision to give a letter to the President on time.
The current Election Commission was formed in 2017. At that time, the President held discussions with all parties, including Awami League, BNP and JaPa. A five-member commission headed by KM Nurul Huda was formed through a search committee based on the suggestions of all parties. The term of the commission is coming to an end on February 15. Before that, the names of the commissioners and the chief election commissioner have to be finalized.
Constitutionally, the Election Commission is an independent organisation. Article 118 of the constitution states, “There shall be an Election Commission for Bangladesh consisting of [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.”
Even after 50 years of the country’s independence, no government has passed any law regarding the formation of the Election commission up to this point. The Election Commission headed by ATM Shamsul Huda had prepared a draft of the law regarding this after the military-backed caretaker government took over power. However, the law was eventually not enacted.
Awami League General Secretary and also Minister of Road Transport and Bridges Obaidul Quader said there is enough time to discuss over EC’s formation. There is no need to hurry. The decision will be taken over the issue on time.
All opposition parties, including top leaders of BNP and JaPa said formation of the last two ECs recommended by search committee was a great joke with the nation, which was done by AL.
BNP’s Secretary General Mirza Fakhrul Islam Alamgir said how a farce election held under an obedient EC, the people of the country have already known.
He said we don’t want to see a docile EC, as they will work following one party prescription. The current EC is the best example of a surrendering EC.
JaPa Chairman and opposition Deputy Leader in Parliament GM Kader demanded to enact an independent law according to the constitution for the formation of a new EC, saying that before enacting this law, the opinions of constitutional experts and civil society representatives and political parties must be sought. Then the commission should be formed with people who are not controversial and acceptable to all.
Eminent lawyer, constitution specialist and Gono Forum President Dr Kamal Hosain said the Election Commission should be combination of non-partisan and acceptable people those who will gift the administration free of influence with courage and honesty. I want an Election Commission that will come out of the culture of filling ballot boxes the night before election.
Badiul Alam Majumdar, secretary of Shushasoner Jonno Nagorik (Sujan), said it is quite unfortunate that a law regarding the formation process of the Election Commission could not be enacted even after 50 years despite it being mentioned in the constitution.
He said the last two commissions were formed on the recommendations of the search committee. But the experience with those two commissions was not smooth at all. They have completely destroyed the electoral practices in the country.
Now the time has come to formulate a law, not an ad hoc basis system anymore. The law would determine the qualifications and disqualifications of a commissioner. At the same time, it would ensure transparency in the process of forming the Election Commission, he added.
He said there is still time to formulate this law. The commission headed by Shamsul Huda prepared a draft for this law. The law can be enacted by modifying that draft, he added.
