‘EC will turn into a cat’

In a "note of dissent", Election Commissioner Mahbub Talukdar yesterday differed with the Election Commission's move to revise the Representation of the People Order, 1972, and the election-related laws of local government bodies.

Mahbub said that if the order was revised without incorporating a provision that empowers the EC to cancel candidature of candidates, the commission would turn into a "cat", let alone a "toothless tiger". 

The "note of dissent" was submitted at an Election Commission meeting yesterday, held at the Nirbachon Bhaban in the capital's Agargaon with Chief Election Commissioner KM Nurul Huda in the chair.

Mahbub said that he was amazed that the draft law, Representation of The People Act, 2020, which will replace the RPO 1972, did not have the provision to empower the EC to cancel candidatures.

"I think it is a suicidal decision of the Election Commission to move away from the sole power of direct cancellation of candidature," Mahbub said.

The provision that empowers the EC to cancel candidature of candidate should stay in the new law, he said.

He also opposed the EC's move to change the name of the new law from Representation of the People Order, 1972.

At yesterday's meeting, Mahbub said the draft law on conducting local government elections was submitted for approval. In this draft, names of the Representation of the People Order, 1972 was replaced with the Representation of the People Act, 2020.

"I totally oppose this move," Mahbub said.

"The name of the law [Representation of the People Order, 1972] is a historically important document, and unique memorabilia of the country's independence.

"I cannot understand the necessity and rationality behind changing the name of the law," Mahbub said in the note of dissent, a copy of which The Daily Star has obtained.

Mahbub said that he also differs with the EC's move to amend the election-related laws of local government bodies. He said changing the structure of local government bodies and its tenures was not the EC's duty.

"EC does not have any jurisdiction to make changes to names of local government bodies and the positions within them," he said.

An election commissioner, wishing not to be named,said Mahbub read out the note of dissent at the meeting and later handed it over to the CEC and other commissioners.

The CEC did not make any comment regarding the note of dissent at the meeting, the commissioner said.

When contacted, EC Senior Secretary Md Alamgir said he could not say anything regarding the note of dissent before seeing the meeting's minutes.

"There can be discussion in favour or in opposition on any topic," he added.

He said that the meeting was adjourned on the day and further discussion on the matter will take place when the meeting resumes.

The Election Commission has prepared a draft law titled Representation of the People, 2020, and sent it to the law ministry. The ministry sent the law back with some observations. EC is working on the observation, said Alamgir.

The commission yesterday held a meeting on a draft version of a law to hold city corporation, municipalities and union parishad election.

While briefing reporters after the meeting, Alamgir said that the government is going to form a commission to update the local government laws.

He said the EC secretariat is working on preparing a comprehensive law to conduct local government elections. Currently, there are five separate laws to hold different local government elections.