EC wants power like HC to punish for contempt

Trackback URL

Download PDF

The Election Commission (EC) has made a move for reviving the power to punish any person for contempt of the EC similar to that the High Court Division enjoys.

In 2001, the EC was given the power for a few days, but the then president Justice Shahabuddin Ahmad repealed the provisions by promulgating another ordinance in the face of severe criticism.

The reconstituted EC, which is moving for massive electoral reforms, is now planning to revive the provision, according to which the commission shall have the same power as the High Court Division has to punish any person for its contempt as if it were the High Court Division, sources said.

The EC is also in favour of reviving another provision barring any appeal against the EC decision to punish a person for its contempt.

The repealed provision said no appeal shall lie from any decision of the commission, but the commission may, either suo moto or on application by the aggrieved person, review any such decision.

At a news conference EC Secretary Humayun Kabir yesterday said the EC is examining the provision for having the power to punish any person for its contempt.

Legal experts, however, said the EC cannot be provided with such power as it is not a court of law.

“The Election Commission will become autocratic if it is given the power and people’s right to criticise its activities will be curtailed,” Ghulam Rabbani, former judge of the Appellate Division of the Supreme Court, told The Daily Star yesterday.

The EC is an administrative body and anyone can criticise its activities, he said.

The EC has also planned for revival of another provision for cancellation of candidatures in parliamentary elections on grounds of gross irregularities and violation of election laws. Shahabuddin repealed this provision too in 2001.

Sources said the EC thinks that the powers are required for strengthening the commission and it will include the proposals in its draft to be sent soon to the law ministry for vetting.

Asked about the plan for cancellation of disputed election, the EC secretary said the commission is examining if any such proposal can be made.

The EC is also examining the existing laws for registration of political parties, the EC secretary said, adding that the political parties’ registration with the EC will be made mandatory with some preconditions.

“The EC is examining ways to ensure democratic practices within the political parties and accountability in their income and expenditures,” he said.

“The Election Commission hopes that once registered the political parties will follow their constitutions and hold elections for all levels of party leadership,” Humayun said.

The name-only political parties will not be allowed to register as the EC will put some criteria for registration, he added.

Leave a Reply