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VOTER LIST

CEC keeps on kicking up controversies

SHAKHAWAT LITON
The chief election commissioner (CEC) is taking all decisions unilaterally on preparing a fresh voter list for the next parliamentary polls bypassing the Election Commission (EC) and keeping the two election commissioners in the dark.
The CEC decided on his own to make a fresh voter list and completed all preparations ignoring the objections of the two commissioners. Finally on Tuesday, the EC secretariat under his directive declared a timetable for preparing the list without consulting them.
The unilateral move and decisions of CEC MA Aziz has apparently turned the EC into a dysfunctional body, creating controversies over the preparation of voter list, the first vital task for holding the next parliamentary election.
"We don't know what is going on in the name of the Election Commission," Election
Commissioner AK Mohammad Ali told The Daily Star. "Nothing is being done in accordance with the decisions of the commission," he added.
The secretary of the EC, who boycotted the EC meetings for about two years during the tenure of immediate past CEC MA Syed, has become very close to the incumbent CEC and is playing significant role in the present situation, sources said.
Without consulting his two colleagues or discussing it at EC meeting, MA Aziz has been speaking for the last few months about a set of proposals for reform of the electoral rules.
"We never discussed the issue of reforms at the Election Commission meeting," Mohammad Ali said when asked about the reform proposals.
The CEC, who identified trust,
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understanding and tolerance as the preconditions of democracy, has unfortunately failed to maintain the preconditions in EC and damaged the integrity of the commission to a large extent, experts say.
The CEC's unilateral decision to prepare a fresh voter list has been questioned on legal grounds also. Legal experts referring to a judgement of the Supreme Court said the CEC cannot take such decisions on his own.
In Jatiya Party vs Election Commission case of 2001, the Appellate Division of the Supreme Court reaffirmed that for exercising powers and functions of the EC (under The Representation of the People Order, 1972), "the Acting Chief Election Commissioner must get authorisation from the Commission itself, otherwise his action under the Order will be coram non judice and without jurisdiction."
About the formation and functions of the EC, eminent jurist Dr Kamal Hossain said it is not proper for the CEC to take a decision without consulting the other election commissioners.
"If the chief election commissioner makes a decision on his own, then he must give the other election commissioners the opportunity to review the decision and if necessary to revise it. The legality of the decision may be questioned if the CEC does not discuss it with the other commissioners," noted Dr Kamal, one of the architects of the constitution.
On taking any decision, former CEC Abu Hena earlier told The Daily Star, "It is preferable to take a unanimous decision on any issue. If it is not possible, then the majority view should be considered as the decision agreed. There is no scope to decide anything unilaterally."
CEC MA Aziz however claimed that the Election Commission has decided to prepare a fresh voter list. About the disagreement of the two election commissioners, Aziz on August 7 told reporters, "There is no need to have a consensus of all three members."
UNILATERAL MOVE FOR VOTER LIST
The CEC decided to prepare a fresh voter list and the EC secretariat under his directives has completed recruitment of about 3 lakh manpower for the job, ignoring the objections of the two election commissioners that questioned the legality of the task.
The CEC did not convene any meeting to review the progress of the voter list preparation. He sent several files to the two commissioners seeking their opinions on recruitment of manpower for preparing the list, but they did not consented to the recruitment.
"The election commission has not taken any decision for preparing the new voter list, but took decision for revision of the existing list. So the order for recruitment of assistant registration officers has been passed in the name of the Election Commission is not done in accordance with law," sources said quoting the opinion of Election Commissioner AK Mohammad Ali put in the file on recruitment.
"All necessary appointments may be made for revising the existing voter list," the election commissioner suggested in the file that was sent to him on October 12.
Another Election Commissioner M Munsef Ali gave the same opinion, sources said. "I clearly said that the existing voter list should be revised," Munsef Ali earlier said.
Finally on Tuesday, the EC secretariat declared a timetable for preparing the voter list fixing date for enumeration from January 1 and publishing the final list on June 1 next year. Sources said the CEC has finalised the timetable consulting with the EC secretary.
"We don't know anything about it. The Election Commission has not approved any such schedule for the voter list. We did not even see any file regarding this," Election Commissioner AK Mohammad Ali told The Daily Star on Tuesday.
In last August when the election commissioners were speaking against the CEC's unilateral decisions, a restriction was imposed on talking to the press. Amid severe criticism the restriction was withdrawn later.
Recently the CEC has intro-
duced a procedure for journalists who want to talk to him. Now they have to submit written questions to the CEC and they are not allowed to ask any supplementary question.
CEC HIMSELF CONFUSED?
Assuming the office on May 23 this year, Justice MA Aziz said on several occasions that he would send proposals to the government seeking an independent EC secretariat, revival of its authority to cancel the candidature and increase the ceiling of election expenses.
In last July, when the EC first initiated a move for preparing a voter list, the CEC started giving contradictory explanations of the electoral rules that created controversy.
On the one hand he said the electoral rules must be amended to prepare a fresh electoral roll, but on the other, he said there is no need to amend the rules.
On July 20 after an EC meeting, MA Aziz said there is no provision for preparing a fresh voter list in the 1982 ordinance that suggests revision of the existing one. The two election commissioners expressed similar views.
"The laws will have to be amended to prepare a fresh voter list. We will ask the government to amend the law if majority of the political parties want a fresh list,'' the CEC said at a dialogue with the political parties in last July.
The following day, the CEC referred to section 19 of the Electoral Rolls Rules, 1982 and said there is no legal bar on preparing a voter list afresh.
Finally the CEC on August 6 took the decision to prepare a fresh voter list despite the two election commissioners' suggestion for revision of the existing list.
When the EC secretariat was taking preparations for a fresh voter list, the CEC made another confusing remark on his own decision. “No comment^I don't know whether a fresh voter list is being prepared,” CEC MA Aziz told journalists on October 27.
Before taking the decision for preparing the electoral roll, the EC arranged a series of dialogue in July with the political parties to seek their opinion on the voter list.
The talks turned into a farce as only 53 small political parties out of invited 117 joined the dialogue, boycotted by the mainstream opposition parties.
In the dialogue, the CEC expressed his dismay over the conflict among the political parties. He said it is unfortunate that there are two or three factions in each party and they do not agree to sit together.
"Trust, understanding and tolerance are the preconditions of democracy, but all these are absent here," the CEC said. He also observed the conflict among parties, mistrust and lack of tolerance are obstacles to holding a free and fair election.
Unfortunately, all these preconditions for holding a free and fair election are virtually absent in the Election Commission.