Justice Obaidul Hasan leads EC formation search committee

Appellate Division Justice Obaidul Hasan will lead a six-member search committee to suggest names for the next Election Commission.

The Cabinet Division issued a gazette notification in this regard as per the directives of President M Abdul Hamid on Saturday.

Other members of the committee are Justice SM Quddus Zaman (chief justice nominated), Auditor General and Controller of Bangladesh Mohammad Muslim Chowdhury (ex officio member), Bangladesh Public Service Commission Chairman Md Sohrab Hossain (ex officio member), and former election commissioner Muhammad Sohul Hossain and author Anwara Syed Haque (president-nominated).

The Cabinet Division will provide secretarial assistance to the committee.

The term of the current commission is coming to an end on 14 February. According to the new EC formation law, the search committee has to submit names of 10 eligible persons to the president within 15 working days.

Search Committee Chairman Justice Obaidul Hasan told TBS he would sit with other members of the committee very soon. He would request the cabinet secretary to convene a meeting of the committee on Saturday or Sunday.

"I hope we will be able to submit the list of suitable persons within the stipulated time. I will fulfil the responsibility given by the president following the law and the constitution," he added.

Earlier on 27 January, the bill was passed during the 16th session of the 11th National Assembly at the Parliament unanimously by voice vote. Later, it got the approval of President Abdul Hamid.

Law Minister Anisul Huq placed the bill in parliament on 23 January seeking to give a legal shield to the current and previous commissions formed through search committees. 

Talking about the qualifications of the Chief Election Commissioner (CEC) and ECs, Cabinet Secretary Khandker Anwarul Islam said they must be Bangladeshi citizens, at least 50 years old, and have a minimum 20-year work experience in important government, semi-government, private or judicial posts.

About the disqualifications, he said if a person is declared "insane" by any court; has not been released from the jail after being declared as "bankrupt"; acquires the citizenship of or affirms the allegiance to a foreign country surrendering Bangladeshi citizenship; has been convicted for a criminal offence involving moral turpitude and sentenced to at least a two-year imprisonment; convicted by international crimes tribunal, and is disqualified for such posts by or under any law, he or she would not be eligible for the post of CEC and election commissioners.

Explaining the last disqualification, he said if a person held the post of CEC once or the CJ, he or she would not be eligible for the post of the CEC. But if a person held the post of EC, he or she might be considered to be appointed as the CEC.

To give legal protection to the constitution of previous election commissions, it would be considered that these were made under this law, he added.

The dialogue with the President and the political parties to form a new Election Commission started on 19 December last year. The dialogue that started with the Jatiya Party ended on 16 January with talks with the ruling Awami League.

The president called on 32 political parties to take part in the dialogue, but six political parties, including the BNP, boycotted the dialogue.

Almost all parties meeting the president have suggested enactment of the Election Commission law in the next session of the parliament to meet the constitutional requirement. The government is also in favour of making laws. However, this time it is not happening due to lack of time said Law Minister Anisul Haque.

In December 2018, a year before the 12th parliamentary election, President Abdul Hamid first held a dialogue with 31 political parties.

The president then formed a search committee headed by the CJ Syed Mahmud Hossain (then he was a Judge of the Appellate Division).

The search committee sought five names from each political party involved in the dialogue with the president. They then shortlisted 10 people and sent recommendations to the president.

Later, the president appointed KM Nurul Huda as CEC and Mahbub Talukder, Rafiqul Islam, Kabita Khanam and Shahadat Hossain as EC.