The Election Commission (EC) yesterday informed the High Court (HC) through an affidavit that the much-awaited parliamentary election will be held by December this year, but it did not specify any date for the poll.
“In accordance with the roadmap, and in order to hold a free, fair and acceptable election within December 2008, the Election Commission will announce the date for the election in due course,” the EC told the HC through an affidavit replying to a query of the court.
The HC on April 30 asked the commission to inform the court through an affidavit when it will have the voter list ready and when will it hold the next parliamentary election.
The directive came during a hearing on a writ petition filed by Barrister Masood R Sobhan on January 27 saying the commission had no authority to delay the general election past the stipulated 90 days of dissolution of the last parliament.
Giving the directive to the EC, the court adjourned the hearing till today.
The EC submitted its reply to the court thorough an affidavit yesterday, a day before the hearing is scheduled to resume.
The EC’s counsel, Dr Shahdeen Malik, however declined to give any detail to The Daily Star, although he confirmed that he submitted a reply through an affidavit yesterday.
Petitioner Sobhan also received a copy of the EC’s reply yesterday.
Following the EC’s reply, Sobhan told The Daily Star, “My question before the High Court would be, what is a road map and what is its legal position, when the content of it clearly violates the legal provisions in the constitution.”
He also noted, although the HC had asked the EC to inform the court through an affidavit when the commission will hold the election, the EC did not specify any date under oath.
The EC in its reply informed the court about the progress till May 2 in voter registration, issuance of voter ID cards, and in its other activities.
The EC told the court, “The Election Commission is working to prepare the electoral rolls with photographs of the voters as mandated by the Electoral Rolls Ordinance, 2007.”
“After the publication of the draft voter list as mandated by section 7, there will be a period for additions, changes and corrections in terms of section 7(4) of the said Ordinance and after that the final voter list will be published as mandated by section 7(5) of the Ordinance and the target date for the completion of these tasks is set as October, 2008,” the EC said in the affidavit.
The commission also informed the court that voter registration has been completed in 331 areas while the job is continuing in another 108 areas, and 6,41,08,518 voters have been registered till May 2.
“The Election Commission estimates that the total number of voters to be registered will be around 8 crore, of which (till May 2) 80 percent voters have already been registered,” the EC’s affidavit mentioned.
The commission also informed the court that it has already prepared voter identity cards for 1,85,25,526 voters, 96,94,616 of which have already been distributed.
The EC also said 23 percent of all voter ID cards have already been prepared, and 12 percent of them have already been distributed.
The EC informed the court that the draft list of re-demarcated constituencies has been ‘notified’ on April 30 while June 1 has been scheduled for filing of objections.
“It is expected that the delimitation of constituencies will be finalised in terms of the roadmap by 30/6/2008.”
Following the writ petition filed by Sobhan, an HC bench comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam issued the rule on the EC to explain why it should not be directed to hold the general election within 90 days of filing the writ petition.
The HC also asked the commission to explain why its failure to hold the election within 90 days of dissolution of the last parliament in October 2006, should not be declared unlawful.
The EC, its secretary, the chief adviser, and the law ministry represented by the law secretary were made the respondents.
Following replies from the respondents the hearing started on April 30 before its adjournment till today.
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