Mayors have to resign to contest JS elections: EC Sakhawat
Wednesday, 26 November 2008
Mayors of City Corporations and municipalities will have to stand down to contest the upcoming national elections but councilors can run for their seats in parliament holding their posts in the local bodies, said an Election Commissioner Tuesday, reports UNB.
"Those who hold offices and receive salaries must resign their lucrative posts to contest the parliamentary elections," Brig Gen (retd) M Sakhawat Hossain told journalists in reply to a question at his office in the afternoon.
In the meantime, a High Court (HC) ruling came clearing the way for Mayor of Dhaka Sadek Hossain Khoka to participate in the December 29 parliamentary polls.
The HC late in the afternoon stayed operation of the election disqualification provision for City Corporation mayors made by the Election Commission (EC), following a writ petition filed by mayor Khoka.
Emerging from the court, senior advocate Khondker Mahbubuddin Ahmed told the media that the HC order of stay would only be applicable for Khoka as he secured the order through a writ petition challenging the legality of the EC decision. "If any other incumbent City Corporation mayor wants to participate in the general election, he has to follow Khoka."
About the code of conduct, Sakhawat said the Commission has already issued notices to the registered political parties requesting them to tell their candidates to abide by the electoral code of conduct and also asked the government officials to go by the rules and code of conduct.
He said the Commission also sent a letter to the Cabinet division asking it to restrict government high officials from officially visiting the constituencies during the election if any of their relatives stand for contesting the polls.
He, however, made it clear that they (officials) could visit the voting areas for casting their own vote in the elections.
Asked whether the commission received any lists of candidates from the Ministry of Home Affairs, he said the list would go direct to the offices of returning officers, not to the Commission. "The list will not come to us."
About section 91 (e) of the Representation of People's Order (RPO), which the politicians demand be repealed, the EC said there's no reason for misunderstanding this provision as the rules could not be abused so easily in cancelling candidature.
He observed many people might mistake this law as they did not properly read the provision. "It's not so easy to abuse the law," he said, apparently to substantiate the Chief Election Commissioner's assertion that this RPO provision wouldn't be scrapped.
It's one of the two latest preconditions set by the BNP-led four-party alliance for their participation in the general election, which is now coming up crossing over many hurdles since ditched amid political turmoil in January last year.
Sakhawat said if allegations found against the candidates, an open investigation would be conducted by the inquiry committee and then the Commission would hold hearing to settle the dispute. "After hearing, the commission, on the basis of its consensus, will take the decision of cancelling the candidature," he said.
About the upazila elections, he said election to the upazila parishads would be held as scheduled-it cannot be postponed by any executive order.
"Those who hold offices and receive salaries must resign their lucrative posts to contest the parliamentary elections," Brig Gen (retd) M Sakhawat Hossain told journalists in reply to a question at his office in the afternoon.
In the meantime, a High Court (HC) ruling came clearing the way for Mayor of Dhaka Sadek Hossain Khoka to participate in the December 29 parliamentary polls.
The HC late in the afternoon stayed operation of the election disqualification provision for City Corporation mayors made by the Election Commission (EC), following a writ petition filed by mayor Khoka.
Emerging from the court, senior advocate Khondker Mahbubuddin Ahmed told the media that the HC order of stay would only be applicable for Khoka as he secured the order through a writ petition challenging the legality of the EC decision. "If any other incumbent City Corporation mayor wants to participate in the general election, he has to follow Khoka."
About the code of conduct, Sakhawat said the Commission has already issued notices to the registered political parties requesting them to tell their candidates to abide by the electoral code of conduct and also asked the government officials to go by the rules and code of conduct.
He said the Commission also sent a letter to the Cabinet division asking it to restrict government high officials from officially visiting the constituencies during the election if any of their relatives stand for contesting the polls.
He, however, made it clear that they (officials) could visit the voting areas for casting their own vote in the elections.
Asked whether the commission received any lists of candidates from the Ministry of Home Affairs, he said the list would go direct to the offices of returning officers, not to the Commission. "The list will not come to us."
About section 91 (e) of the Representation of People's Order (RPO), which the politicians demand be repealed, the EC said there's no reason for misunderstanding this provision as the rules could not be abused so easily in cancelling candidature.
He observed many people might mistake this law as they did not properly read the provision. "It's not so easy to abuse the law," he said, apparently to substantiate the Chief Election Commissioner's assertion that this RPO provision wouldn't be scrapped.
It's one of the two latest preconditions set by the BNP-led four-party alliance for their participation in the general election, which is now coming up crossing over many hurdles since ditched amid political turmoil in January last year.
Sakhawat said if allegations found against the candidates, an open investigation would be conducted by the inquiry committee and then the Commission would hold hearing to settle the dispute. "After hearing, the commission, on the basis of its consensus, will take the decision of cancelling the candidature," he said.
About the upazila elections, he said election to the upazila parishads would be held as scheduled-it cannot be postponed by any executive order.