Concern over delay in appointing new ECs

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With the controversy over assumption of the post of acting chief election commissioner (CEC) by Justice Mahfuzur Rahman mounting, President Iajuddin Ahmed has yet to appoint the two new election commissioners that he earlier decided to do on November 22.

The Election Commission (EC) led by Justice Mahfuzur Rahman, who authorised himself as the acting CEC on last Thursday by convening a commission meeting, is now planning to announce the election schedule this week, triggering a fresh spell of controversy even in absence of rather infamous CEC MA Aziz.

The president on November 18 first disclosed his desire to appoint two more election commissioners and again on November 22, following Aziz’s announcement of taking a leave of absence, he informed the nation through a speech that he had decided to appoint two more election commissioners.

But no new election commissioner has been appointed yet although four days have passed since his address to the nation and questions are being raised even in the EC Secretariat about the delay.

It has been a mystery why the president is delaying the appointment of two more election commissioners although Bangabhaban on last Thursday had summoned the EC secretary there and he stayed in the president’s office for a long time with necessary documents to prepare a summary of the appointments, sources said.

EC Secretary Abdur Rashid Sarkar, however yesterday said the president is still considering the matter of the appointments.

Meanwhile, Adviser Lt Gen (retd) Hasan Mashhud Chowdhury yesterday said the assumption of the post of acting chief election commissioner by Justice Mahfuz is unconstitutional.

“We the advisers discussed the issue, talked with constitutional experts and came to a consensus that the assumption of the post of acting chief election commissioner was unconstitutional,” the adviser said.

He also said the much talked about two new election commissioners should be appointed immediately.

Talking to The Daily Star on last Thursday, the day Justice Mahfuz made himself the acting CEC, former CEC Abu Hena disapproved of the move and said it is the president’s jurisdiction to decide the next step in a situation like this.

“In such an extraordinary situation, the president will decide who will act as the CEC,” Abu Hena said.

But Justice Mahfuz yesterday told reporters that he assumed the post in accordance with the laws although the provision for acting CEC does not exist in the constitution. “I have become the acting chief election commissioner in accordance with a judgement of the Appellate Division of the Supreme Court in 2000. The move did not require the president’s direction.” he claimed.

Justice Mahfuz said they are planning to announce the election schedule within this month, only a week of which is left.

It was learnt that the advisers to the caretaker government, who initiated the step towards making the EC credible, wanted to see a CEC from the yet to be appointed new election commissioners.

But the day after the president’s address to the nation, Election Commissioner Justice Mahfuz in a surprise move convened an EC meeting and authorised himself as the acting CEC with support of the two other election commissioners — SM Zakaria and Mahmud Hasan Mansur.

Justice Mahfuz yesterday again claimed that there is no scope for changing the decision that made him the acting CEC with a majority opinion of the commission based on seniority among the commissioners.

EC Secretary Abdur Rashid Sarkar, yesterday in a press briefing however said there is no legal binding for making the senior most election commissioner the acting CEC. “A new decision can be taken after appointment of two more election commissioners. But the decision should be taken with the majority’s opinion,” he said claiming, “It did not require directions from the president.”

Rashid Sarkar also said CEC MA Aziz did not resign, rather he took a leave of absence for three months. “Before taking the leave of absence, he informed me about his decision. I informed the rest of the election commissioners and requested them to decide who will act as the chief election commissioners,” he added.

Replying to a query, the secretary said, “The CEC cannot discharge any official duty as he is on a leave. He can return to his office by cancelling his leave. But is it possible for him to do that in the wake of the prevailing situation?”

Meanwhile, Adviser to the Caretaker Government Dr Akbar Ali Khan told the media yesterday that after the two new election commissioners are appointed, the expanded EC may decide to rescind the earlier decision of making Justice Mahfuz the acting CEC, since the decision was not made by the president.

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