A. Mannan :
The 1972 Constitution was framed, enacted and implemented, a laudable achievement, thanks to Dr. Kamal Hossain and his team, a reasonably workable Constitution appropriate as at that time of event due to the prevailing environ of the global geo-political-economic order of the time in the cold war days.
Article 118 of the Constitution states, “There shall be an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time direct, 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.”
To frame the laws referred to as mentioned in the above provision of Article 118 is imperative, though 45 years have lapsed, the nation is yet to view any light of ray in the matter.
Perhaps it has suited all the successive Govt.’s not to do so. Let by-gones, be by-gones, for the sooner corrective measures are taken the better. Let constitution of search team to appoint Election Commission (E.C.) be done away with at the earliest.
Let us now come to the case in point. National election for the 11th parliament is knocking at our door. To take corrective measure of registration in all fronts brooks no more delay. Cancellation of registration process of already registered political parties has to be given due consideration before it is too late, for better late than never. Reference point is, therefore, the Article 90H Clause (1) (e) of the Representation of People Order (RPO) amended up-to Oct. 2008 (the Presidential order No. 155 of 1972) that goes on to state, that cancellation of registration of a political party will take place, “If the political party does not participate in the parliamentary elections for two consecutive terms.” and Article of the RPO 90H (2) emphases,” The Commission shall, prior to cancellation of registration under clauses (c), (d) and (e) give the concerned political party an opportunity of being heard in the prescribed manner.” On the other hand, the gazette notification of the EC dated Aug. 26th 2008 (SRO No. 251/2008) says as to the manner of cancellation of registration process by the EC at Article 10 (K) “Article 90H Gi weavb †gvZv‡eK, †Kvb wbewÜZ ivR‰bwZK `‡ji wbeÜb evwZj Kwi‡Z cvwi‡e:Ó
We have now arrived at the arena of our discussion field. Let us proceed to do so:
The key issues that go against the EC’s authority to cancel registration of a registered political party under the article 90H (1) (e) in order to implement the clauses of cancellations of registration perhaps lawfully are as follows:
Two consecutive terms mean nothing concrete unless further specified and explained by the EC e.g. grounds for non-participation. May be the fault lies with the Govt. or the EC or may be because of some unconstitutional provisions that stand in the way of holding ethically standard election, for which the concerned political party did not participate,
Due to autocratic rule (i.e. degree of insufficiency in the rule of law), thwarting democratic movement and no adherence to the rightful democracy,
What will happen should election be held a number of times within 5 years term of the tenure or Election not held at all and spills over after 5 years?
As per 90H (2): The Political party in question must be given, prior to such cancellation a notice and hearing. Such things have never been done by the EC. and due to no time limit it appears to be time barred, because of the inordinate delay, for the 11th Parliament election since this should have been done before the election of the 10th Parliament election or at least immediately thereafter.
Article 90H (2) above says opportunity for hearing be given in the prescribed manner which has never been done eversince.
The Gazette Notification mentioned above gives only cross reference of Article 90H (2) of the RPO and nothing more. It is, therefore, high time to develop the prescribed manner or form to implement the cancellation of registration process of political party before the EC starts to effect the cancellation process, and that too only for the 12th Parliament election and thereafter.
The ‘must’ factor for the EC is to motivate the Govt. to frame the law required under the Article 118(1) of our Constitution. The break-through for cancellation of registration process may only become fruitful and maintainable in law thereafter. Nothing less will suffice.
The 1972 Constitution was framed, enacted and implemented, a laudable achievement, thanks to Dr. Kamal Hossain and his team, a reasonably workable Constitution appropriate as at that time of event due to the prevailing environ of the global geo-political-economic order of the time in the cold war days.
Article 118 of the Constitution states, “There shall be an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time direct, 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.”
To frame the laws referred to as mentioned in the above provision of Article 118 is imperative, though 45 years have lapsed, the nation is yet to view any light of ray in the matter.
Perhaps it has suited all the successive Govt.’s not to do so. Let by-gones, be by-gones, for the sooner corrective measures are taken the better. Let constitution of search team to appoint Election Commission (E.C.) be done away with at the earliest.
Let us now come to the case in point. National election for the 11th parliament is knocking at our door. To take corrective measure of registration in all fronts brooks no more delay. Cancellation of registration process of already registered political parties has to be given due consideration before it is too late, for better late than never. Reference point is, therefore, the Article 90H Clause (1) (e) of the Representation of People Order (RPO) amended up-to Oct. 2008 (the Presidential order No. 155 of 1972) that goes on to state, that cancellation of registration of a political party will take place, “If the political party does not participate in the parliamentary elections for two consecutive terms.” and Article of the RPO 90H (2) emphases,” The Commission shall, prior to cancellation of registration under clauses (c), (d) and (e) give the concerned political party an opportunity of being heard in the prescribed manner.” On the other hand, the gazette notification of the EC dated Aug. 26th 2008 (SRO No. 251/2008) says as to the manner of cancellation of registration process by the EC at Article 10 (K) “Article 90H Gi weavb †gvZv‡eK, †Kvb wbewÜZ ivR‰bwZK `‡ji wbeÜb evwZj Kwi‡Z cvwi‡e:Ó
We have now arrived at the arena of our discussion field. Let us proceed to do so:
The key issues that go against the EC’s authority to cancel registration of a registered political party under the article 90H (1) (e) in order to implement the clauses of cancellations of registration perhaps lawfully are as follows:
Two consecutive terms mean nothing concrete unless further specified and explained by the EC e.g. grounds for non-participation. May be the fault lies with the Govt. or the EC or may be because of some unconstitutional provisions that stand in the way of holding ethically standard election, for which the concerned political party did not participate,
Due to autocratic rule (i.e. degree of insufficiency in the rule of law), thwarting democratic movement and no adherence to the rightful democracy,
What will happen should election be held a number of times within 5 years term of the tenure or Election not held at all and spills over after 5 years?
As per 90H (2): The Political party in question must be given, prior to such cancellation a notice and hearing. Such things have never been done by the EC. and due to no time limit it appears to be time barred, because of the inordinate delay, for the 11th Parliament election since this should have been done before the election of the 10th Parliament election or at least immediately thereafter.
Article 90H (2) above says opportunity for hearing be given in the prescribed manner which has never been done eversince.
The Gazette Notification mentioned above gives only cross reference of Article 90H (2) of the RPO and nothing more. It is, therefore, high time to develop the prescribed manner or form to implement the cancellation of registration process of political party before the EC starts to effect the cancellation process, and that too only for the 12th Parliament election and thereafter.
The ‘must’ factor for the EC is to motivate the Govt. to frame the law required under the Article 118(1) of our Constitution. The break-through for cancellation of registration process may only become fruitful and maintainable in law thereafter. Nothing less will suffice.
(Abdul Mannan is a Fellow, Chartered Management Accountant (FCMA) & Chartered Global Management Accountant (CGMA). E-mail : [email protected])
