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EC bends laws to clear nomination of BNP's Enamul

Shakhawat Liton
The Election Commission (EC) has cleared the candidature of BNP nominee Dr Enamul Haque in Rajshahi-1 constituency ignoring the electoral laws that clearly disqualify him from contesting the upcoming parliamentary election.
Enamul, also former inspector general of police, was appointed a member of Bangladesh Law Commission in November 2004 on a three-year contract that expired on November 28 last year.
As per the new electoral laws, Enamul, who was entitled to salary, allowances and other facilities of a High Court judge during his service in the law commission, will not be eligible to contest the parliamentary election before November 28,2010.
Article 12 (1) (h) of the Representation of People Order (RPO) says a person shall be disqualified from contesting election or being a member of parliament if he or she has been appointed on contract to the service of the Republic or of any statutory public authority or of the defence service unless a period of three years elapses since the expiry or termination of such contract.
But both the EC and Returning Officer (RO) ignored the legal provision and allowed Enamul to contest the parliamentary polls ignoring the commission's own interpretation of the law.
Interestingly, the EC's interpretation cited in a circular issued on November 27 runs counter to the article 12 (1) (h) of the RPO.
According to the EC interpretation, a person will not need to wait for three years after expiry of his or her contractual appointment to the service of the republic or any statutory public authority if he or she has not served as government official
SEE PAGE 15 COL 8 before the contractual appointment
This interpretation does not allow Enamul to contest the upcoming parliamentary
polls as he was a government official before his contractual appointment.
The EC disposed of the appeal filed by another BNP nominee and Rajshahi city BNP president Ekhlak Hossain against Enamul's candidature accepted by the RO.
In fact, the EC came up with the clarification to allow a senior BNP leader, who had been appointed as an ambassador during the tenure of the last BNP government, to contest the national elections, EC sources said.
However, the BNP leader is not contesting the polls.