The power the RPO vests in the Election Commission to cancel candidacy for breach of regulation is ‘not executable at all and is meaningless’, Chief Election Commissioner (CEC) Kazi Rakibuddin Ahmad has said.The CEC faced the media on Tuesday amid the speculation over the Commission’s decision to abrogate the provision of the Representation of the People Order (RPO), a set of electoral laws.
“The provision contradicts the idea of a level playing field … It is not wise to have provisions that conflict.”
The Commission decided at a meeting last Sunday to revoke the much-talked about section 91 (E) of the RPO.
Election Commissioner Abu Hafiz said after the meeting, “There has been a lot of criticism despite us proposing to add a new provision. For this, we want to abolish a certain provision from the RPO.”
Election Commissioner Md Shah Nawaz told reporters the next day that the EC move was not taken under political pressure but it sought to consider advantages and disadvantages of political parties.
“It is not that we can’t take any of their concerns into account.”
The 91 (E) authorises the Election Commission to cancel candidacy if an investigation proves grave violation of any electoral regulation against any candidate.
The CEC backed the decision to scrap the provision saying, “When it comes to application the article 19(E) is not something executable and has no meaning. We considered these facts and proposed the removal of article 91(E).”
“That article says a candidate will be ineligible for election or they or their agent violates rules. In that case the Election Commission is authorised to cancel their candidacy after investigation,” the CEC told reporters.
“The election will then be held with the remaining candidates. But if only one candidate remains, the election process must be cancelled and a new schedule has to be announced.”
“This article conflicts with the other provisions relating to candidates. This allows election to continue among remaining candidates if one’s candidacy is cancelled. Which means it does not allow the cancelled candidate or anyone else to become candidate. But if there is only one candidate remaining, the whole process will have to be cancelled and new schedule announced. Which, however, will allow the cancelled candidate and others to contest.”
During the tenure of the 2007-8 caretaker government, both the Awami League and BNP demanded that this provision be scrapped as it “allegedly led to harassment”.
Former Election Commissioner M Sohul Hussain however criticised this viewpoint and termed it a big mistake since candidates had not dared grave violation of regulation fearing EC’s power to cancel thei candidature. – bdnews24.com
