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Speaker to decide SQ Chy’s fate

EC deems he's unfit to be an MP for violating electoral laws

Shakhawat Liton
The onus is now on Speaker Abdul Hamid to scrap parliament membership of BNP lawmaker Salauddin Quader Chowdhury for concealing educational information in the affidavit he submitted while seeking candidacy for the ninth parliamentary election.
Convinced of the findings of its investigation, the Election Commission (EC) has decided that Salauddin is no more qualified for continuing as an MR but it refrained from cancelling his parliamentary membership and passed the matter to the speaker.
The EC Secretariat yesterday sent a letter to the Parliament Secretariat, asking it to take necessary steps on the matter in consultation with the speaker, EC officials said.
"Salauddin Quader Chowdhury has violated article 12 (3b) of the Representation of the People Order 1972. Besides, he violated his pledge to the commission by not submitting a copy of his educational qualification. Therefore, the commission thinks such person who gave false information is not qualified for continuing as a member of parliament," the letter said. Legal experts, however, say as per the constitution and the Members of Parliament (Determination of Dispute) Act 1980, the EC itself has the authority to strip Salauddin of his parliament membership.
Election Commissioner Muhammed Sohul Hussain yesterday said if the speaker asks the EC to do something, the commission will take up next course of action. "If the speaker thinks it is a dispute, then he will refer it to the Election Commission to settle," Sohul told a group of reporters at his office.
Chief Election Commissioner ATM Shamsul Huda declined to make any comment on the issue.
Senior officials at the Parliament Secretariat said the speaker might ask the EC to take necessary actions as per laws.
Speaker Abdul Hamid told The Daily Star that he would send his opinion after going through the EC's letter and that he might consult with the attorney general on the matter.
Explaining the constitutional provision in his book "Constitutional Law of Bangladesh’, eminent jurist and former attorney general Mahmudul Islam says under article 66(4) of the constitution the EC is to hear and decide a dispute as to whether a member of parliament has become subject to any of the disqualifications mentioned in article 66(2), or whether a member should vacate his/her seat after resigning from the party which nominated him/her as its candidate, or he/she voted in parliament against the party.
The EC earlier vacated membership of BNP law-maker Major (retd) Akhtaruzzaman in the seventh parliament as he joined the House ignoring the BNP Parliamentary Party's boycott decision. In response to the BNP's application, the then speaker sent the matter to the EC to settle.
Legal experts also said the EC could have vacated Salauddin's seat under the Members of Parliament (Determination of Dispute) Act 1980 by taking his offence into cognisance for trial.
According to section 3 of the act, within 30 days after a dispute arises the speaker shall prepare a statement containing the facts relating to the dispute, the name and address of the lawmaker who caused the dispute and those of the person who raised it and send the statement to the EC to hear and determine the dispute.
The act says for the purpose of hearing and determination of a dispute, the EC shall have the powers of a civil court to summon and enforce one's attendance and examine him/her on oath, require discovery and production of any document, receive evi dence on affidavit, and issue commissions for the examination of witnesses or documents
Any proceeding under this act shall be considered as a judicial proceeding within the
meaning of section 193 of the Penal Code.
However, in Salauddin's case, the EC itself filed a petition with the speaker through the Parliament Secretariat to determine the dispute, triggering a fresh dispute as the EC itself raised the complaint and it will have to settle the dispute itself.
Election Commissioner Sohul Hussain said they sent the letter to the Parliament Secretariat to inform the speaker about the dispute. But officials at the EC Secretariat said the matter is new to the commission and it does not find any such precedence.
Legal experts said the EC itself could take Salauddin's offence into cognisance. Besides, the EC can use its inherent power to take action against Salauddin for violating the electoral laws by concealing information in the affidavit.
The Appellate Division of the Supreme Court has given a clear statement about the inherent power of the EC in the Noor Hossain versus Nazrul Islam case. The apex court observed that time and again it held that it is the responsibility of the EC to see that the election is conducted justly, honestly and fairly. If the election is not being held in that manner, then after being satisfied about correctness of the report or allegations the EC would be justified to cancel the result of the election and direct re-poll, observed the Appellate Division