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News analysis

BNP constitution ignored

Shakhawat Liton
BNP national standing committee (NSQ clearly ignored the party's constitution when on Saturday through an unprecedented resolution it empowered Khaleda Zia to lead the organisation for life.
Although in the face of an avalanche of scathing criticism from all sections of the society. Khaleda yesterday humbly declined' to accept the NSC generosity, she had been the one to preside over the controversial resolution.
An NSC member told The Daily Star last night, on condition of anonymity, that the committee in its next meeting, which is supposed to be held at least once a month according to the party constitution, will either amend or scrap Saturday's much booed resolution.
According to the party's constitution, the chief of BNP must be elected through direct votes of the delegates of a national council for two years on the basis of a simple
majority, and at the end of the tenure she or he will be eligible for re-election.
Saturday's resolution also ignored the amended Representation of People's Order (RPO) which says political parties willing to be registered with the Election Commission (EC) for contesting in parliamentary polls must promise to run their activities according to their constitutions.
Analysing the resolution in light of the newly amended RPO, legal experts said BNP either would have to change its NSC decision or would have to amend its constitution after being registered with the EC, if it wanted to stick to the controversial resolution.
Chowdhury Tanvir Ahmed Siddiqui, a member of the NSC, who proposed on Saturday that Khaleda be given the party's helm for keeps, yesterday said it is true that BNP constitution does not support the resolution.
Before Khaleda 'humbly declined' the opportunity for life yesterday, Tanvir however told reporters, "Khaleda Zia will lead the party on her election to the post of chairperson. If she is not elected to the post, then the party constitution will be amended to empower her to lead the party"
Another Standing Committee Member Khandaker Mahbubuddin Ahmed however claimed that the meeting did not take any decision empowering Khaleda to be die chief ofthepartyforlife.
The party's constitution empowers its chief to control, supervise and coordinate all its activities.
The party chief presides over meetings of die national council, national executive committee, and die national standing committee, and if necessary she or he may delegate the responsibilities toother members.
The NSC does not have any jurisdiction to appoint anyone as the BNP chairperson without an election by a national council, let alone for life, even a national council cannot elect anybody to lead die party for life since it is mandated to elect a chairperson only for two years.
Hie national council is formed with central and grassroots level delegates from across thecountry
But in a move that made the nation cringe, the NSC of BNP on Saturday at a meeting with Khaleda in the chair unanimously decided that she would lead the party for life, although her mandate as the chairperson had expired over eight years ago.
The NSC's decision triggered widespread criticism, and political observers termed the decision as extremely undemocratic and rather feudal, which would strengthen dictatorship in the party’ as its constitution empowers its chief to run the organisation unilaterally, with the power to dissolve committees at will.
According to the party's constitution. the chairperson nominates all 15 members of the NSC with herself or himselfas its chief.
The NSC being the highest policymaking forum, it formulates policies and programmes of the party, explains the party's declarations, constitution and other organisational rules if necessary, and controls and supervises the activities of the national executive committee and other committees nominated by the chairperson.
The NSC also has the power to reconsider all punitive actions taken against the members. But the meeting taking the decision must be convened and presided over by the party chairperson.
IS KHALEDA CURRENTLY A LAG1TIMATE CHAIRPERSON?
Khaleda Zia, who was released on Thursday from detention, in fact lost legitimacy to be at the party's helm when her mandate as die chairperson expired over eight years ago, according to die BNP constitution.
The last time Khaleda was elected the chairperson by a national council was in 1993.
Although her term ended in 1995, she continued to hold the post without being re-elected till 1997.
In the face of severe criticism. BNP initiated steps to hold a national council to elect a chairperson in 1997.
The then standing committee member Abdul Salam Talukder was appointed the chief election commissioner for the party poll, and Khaleda became the party’ chief again for two years in an uncontested election as no one ran against her. obviating the need for a national council.
The two-year term expired in 1999 and since dien no move has been taken yet to elect a chairperson, neither any move has been taken to hold a national council.
Khaleda has been continuing as the chairperson, aldiough die party constitution does not have any provision allowing the chairperson to hold the post after his or her two-year tenure as the party chief expires.
Constitutions of some other political parties, however, have provisions allowing an elected officebearer to continue in their posts without re-elections to deal with emergencies until someone is elected
After the assassination of President Ziuar Rahman, die founder of BNP in May 1981, his widow Khaleda joined BNP as a member on January 3,1982.
She was nominated a vice-chairperson next year, and was elected the chairperson on May 10. 1984.
Khaleda was elected the prime minister of die country thrice since restoration of democracy through a mass upsurge against military dictator HM Ershadin 1990
Many senior BNP leaders, who had been very vocal in favour of intra-party democracy, barely spoke out in the past against the autocratic power of the party chairperson sanctioned by its constitution.
.After die 1/11 changeover in state power in 2007, the so called reformist camp in BNP led by now expelled secretary’ general Abdul Mannan Bhuiyan announced a set of proposals to amend the party- constitution in a bid to curtail the chairperson’s absolute power. But Saturday's almost comical BNP NSC resolution seems to suggest that the 'reform' move is falling flat on its face.