'No bar to reappointment of CEC'
Saturday, 14 January 2012
Eminent jurist Dr Kamal Hossain has said there is no legal bar to reappointment of ATM Shamsul Huda as the chief election commissioner (CEC) - a view echoed by senior Awami League (AL) leader Suranjit Sengupta, reports bdnews24.com.
Jatiya Party (JP), a partner in the ruling combine, and Bikalpadhara Bangladesh (BDB) proposed extension of the tenure of incumbent Election Commission (EC) during President M Zillur Rahman's dialogues with the two parties on reconstitution of the commission.
Asked if there is any legal barrier to reappointment, Dr Kamal, one of the members of Bangladesh's first constitution formulation committee, told the news agency: "There is no bar to his reappointment."
He cited the example of reappointment of Justice AKM Nurul Islam as the CEC during President HM Ershad's regime.
Another member of that committee, Suranjit Sengupta, now railway minister, said: "It's not clearly stipulated in the constitution that the CEC cannot be reappointed."
Article 118 of the constitution provides that the president will form the EC comprising a CEC and no more than four commissioners.
The article stipulates: "Subject to the provisions of the constitution, the term of office of an election commissioner shall be five years from the date on which he enters upon his office, and (a) a person who has held office as CEC shall not be eligible for appointment in the service of the Republic; (b) any other election commissioner shall, on ceasing to hold office as such, be eligible for appointment as CEC but shall not be otherwise eligible for appointment in the service of the Republic."
Suranjit said: "I'm seeing no hurdle to reappointment of the CEC."
Appointed during the past caretaker government (CG), Shamsul Huda is going to complete his tenure in February.
Most of the political parties believe the current commission has been able to conduct fairly all the elections since his appointment.
Jatiya Party (JP), a partner in the ruling combine, and Bikalpadhara Bangladesh (BDB) proposed extension of the tenure of incumbent Election Commission (EC) during President M Zillur Rahman's dialogues with the two parties on reconstitution of the commission.
Asked if there is any legal barrier to reappointment, Dr Kamal, one of the members of Bangladesh's first constitution formulation committee, told the news agency: "There is no bar to his reappointment."
He cited the example of reappointment of Justice AKM Nurul Islam as the CEC during President HM Ershad's regime.
Another member of that committee, Suranjit Sengupta, now railway minister, said: "It's not clearly stipulated in the constitution that the CEC cannot be reappointed."
Article 118 of the constitution provides that the president will form the EC comprising a CEC and no more than four commissioners.
The article stipulates: "Subject to the provisions of the constitution, the term of office of an election commissioner shall be five years from the date on which he enters upon his office, and (a) a person who has held office as CEC shall not be eligible for appointment in the service of the Republic; (b) any other election commissioner shall, on ceasing to hold office as such, be eligible for appointment as CEC but shall not be otherwise eligible for appointment in the service of the Republic."
Suranjit said: "I'm seeing no hurdle to reappointment of the CEC."
Appointed during the past caretaker government (CG), Shamsul Huda is going to complete his tenure in February.
Most of the political parties believe the current commission has been able to conduct fairly all the elections since his appointment.