Staff Correspondent
The Election Commission is unable to apply Article 91E of the Representation of People Order 2008, which arms the commission up with ‘despotic’ power to cancel candidature at any stage of the process, to cases related to the December 29 general polls because of time constraints, according to the chief election commissioner, ATM Shamsul Huda.
The commission will, however, take action against persons found involved in violating the order and the electoral code of conduct.
‘This time Article 91E [of the Representation of the People Order 2008] cannot be applied [to cases related to the forthcoming parliamentary elections] because of time constraints,’ ATM Shamsul Huda told New Age in the commission on Tuesday.
‘It is a much-talked-about issue and a controversial issue too. We do not want to be involved in it,’ he said.
Election commissioner Sakhawat Hussain has, however, said the commission has launched investigation against a candidate according by the order of the High Court. ‘We have launched investigation against only one candidate as the High Court asked us to deal with the issue in line with Article 91E.’
According to sources in the commission, it has launched investigation against Abul Khayer Bhuiyan, the Bangladesh Nationalist Party candidate for Lakshmipur 2, in line with Article 91E.
Abul Khayer told New Age he had come to know of the move of the commission to investigate the allegation against him of giving false information.
According to Article 91E, the commission can cancel candidature of any candidate after holding investigation on information from any source or any oral or written report on direct or indirect consent, engages or attempts to engage in any serious illegal activity or violation or attempt to violation of any provision of the Representation of the People Order, or electoral rules or the code of conduct.
Major political parties, including the Awami League and the BNP, were demanding revocation of Article 91E of the order.
The commission has, however, started the procedure for taking action against the candidates concerned under the code of conduct as it was reviewing the reports submitted by its officials after weeks of investigation.
‘Taking action [against the candidates concerned] is under process as the commission has received some reports on investigation of several allegations,’ Sakhawat Hussain said Tuesday.
The punishments for the violation of the code of conducts include warning, imposition of fine and imprisonment for six months to seven years.
The electoral inquiry committees have found specific evidence of violation of the electoral code of conduct against 24 candidates running for the December 29 polls.
The committees, which investigated 27 specific allegations against the contenders from major political parties, including the Awami League, Bangladesh Nationalist Party, Bangladesh Jamaat-e-Islam, Bikalpadhara Bangladesh and National Awami Party, submitted the reports to the Election Commission Monday for its consideration.
Seven of the contenders belong to the Awami League, eight to the BNP, two to Bikalpadhara and one to Jamaat-e-Islami.
The Election Commission on Sunday launched investigation against five Bangladesh Nationalist Party and two Jatiya Party candidates on allegations of furnishing false information in the documents submitted along with the nomination and violation of the election code of conduct.
Courtesy: newagebd.com