The High Court today directed the Election Commission to allocate BNP’s election symbol “Sheaf of Paddy” to its four candidates in place of other four rival contenders who were earlier allocated the same symbol.
Kamrun Nahar Shirin will get “Sheaf of Paddy” in place of Monjurul Islam Bimal for Natore-1, Abdul Hamid Dabliu will get “Sheaf of Paddy” in place of SA Kabir Jinnah for Manikganj-1, Mostafizur Rahman will get “Sheaf of Paddy” instead of Khalek Chowdhury for Naogaon-1 and Masuda Momin will get “Sheaf of Paddy” in place of Abdul Muhith Talukder, Deputy Attorney General Motaher Hossain Sazu told The Daily Star.
He said Monjurul, Jinnah, Khalek and Muhith cannot contest the December 30 election following the HC orders, he said, adding that they can, however, move appeals before the Appellate Division of the Supreme Court against the HC orders.
The HC stayed for three months the EC’s decisions to allocate “Sheaf of Paddy” to Monjurul, Jinnah, Khalek and Muhith and issued separate rules asking the EC and government to explain in four weeks why the EC’s decisions should not be declared illegal.
The bench of Justice JBM Hassan and Justice Md Khairul Alam came up with the orders and rules following separate writ petitions filed by Kamrun Nahar, Abdul Hamid, Mostafizur and Masuda challenging the EC’s decisions.
The writ petitioners said in their petitions that BNP nominated them first for contesting the December 30 general election.
But the EC allocated “Sheaf of Paddy” to their rival candidates in violation of the Representation of People’s Order (RPO), they said in the petitions.
The High Court today directed the Election Commission to allocate BNP’s election symbol “Sheaf of Paddy” to its four candidates in place of other four rival contenders who were earlier allocated the same symbol.
Kamrun Nahar Shirin will get “Sheaf of Paddy” in place of Monjurul Islam Bimal for Natore-1, Abdul Hamid Dabliu will get “Sheaf of Paddy” in place of SA Kabir Jinnah for Manikganj-1, Mostafizur Rahman will get “Sheaf of Paddy” instead of Khalek Chowdhury for Naogaon-1 and Masuda Momin will get “Sheaf of Paddy” in place of Abdul Muhith Talukder, Deputy Attorney General Motaher Hossain Sazu told The Daily Star.
He said Monjurul, Jinnah, Khalek and Muhith cannot contest the December 30 election following the HC orders, he said, adding that they can, however, move appeals before the Appellate Division of the Supreme Court against the HC orders.
The HC stayed for three months the EC’s decisions to allocate “Sheaf of Paddy” to Monjurul, Jinnah, Khalek and Muhith and issued separate rules asking the EC and government to explain in four weeks why the EC’s decisions should not be declared illegal.
The bench of Justice JBM Hassan and Justice Md Khairul Alam came up with the orders and rules following separate writ petitions filed by Kamrun Nahar, Abdul Hamid, Mostafizur and Masuda challenging the EC’s decisions.
The writ petitioners said in their petitions that BNP nominated them first for contesting the December 30 general election.
But the EC allocated “Sheaf of Paddy” to their rival candidates in violation of the Representation of People’s Order (RPO), they said in the petitions.
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We are deeply saddened by the passing of former Election Commissioner Mahbub Talukdar (80). With his death, we have lost one of the most rebellious voices in the history of electoral politics in Bangladesh. A freedom fighter who taught Bangla at Chattogram University before the war, Talukdar joined civil service in 1971, and since then, served in various capacities till his retirement. Perhaps his most remarkable time as a bureaucrat was when he was at the Election Commission (2017-2022), where he emerged as a lone crusader against the ills of our electoral system. He never hesitated to speak up or criticise the commission's own decisions that he believed went against the interests of citizens.
Mahbub Talukdar will thus be remembered as a fierce advocate for fair and inclusive elections, the importance of ensuring a level playing field for all parties and candidates, and of course, people's right to vote. As a commissioner, he set inspiring examples of righteousness and boldness, sometimes by walking out of EC meetings or issuing notes of dissent, all aimed at making the country's electoral system acceptable to the people. He believed it was the EC's sacred responsibility to organise free and fair elections, saying: "I will fight for fair elections till the end of my tenure." This he did, as faithfully and honestly as possible. One particular aspect of his fight was his position against the use of EVMs without the consent of all parties – something that the present commission can learn from.
He believed it was the EC's sacred responsibility to organise free and fair elections, saying: "I will fight for fair elections till the end of my tenure."
We remember how, in a bid to make city corporation polls fair, he protested against MPs' engagement in electioneering during such polls. He untiringly protested against voter suppression and other electoral irregularities, including ballot-stuffing the night before the controversial 2018 national election, which he said "gave us nothing but the shame of failure." At the same time, he spoke for reforms in the overall electoral system to avoid such interventions. His integrity, honesty and patriotism were unparalleled.
Mahbub Talukdar was also a multi-talented personality. A man with a golden pen, he was a well-known poet, a short story writer and a novelist. He had 44 books to his credit, mainly on poetry and fiction. He received the prestigious Bangla Academy Literary Award for his contribution to children's literature. A family man, he believed in the traditional culture of the land.
But it is his legacy as a revolutionary election commissioner that we cherish the most today. Will we have another one like him, who will defend the interests of citizens with such courage?
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The High Court today wanted to know the government's decision about the old trees at the capital's Suhrawardy Udyan, a historical place related to the republic's Liberation War.
The court sought for the resolution of a meeting organised by the liberation war affairs ministry on this issue on June 24 with its Minister AKM Mozammel Haque in the chair.
The HC bench of Justice Farah Mahbub and Justice SM Maniruzzaman asked Deputy Attorney General (DAG) Samarendra Nath Biswas to collect the resolution from the ministry and to submit it to this court in two weeks.
The bench passed the order during hearing on a writ petition filed to seek its directive upon the government not to cut trees and damage the environment and characteristics of Suhrawardy Udyan.
It fixed July 15 for further hearing on the petition.
DAG Samarendra Nath Biswas told the HC that the government has suspended the process of cutting trees at Suhrawardy Udyan.
Liberation Minister AKM Mozammel Haque held a meeting on June 24 on this issue, but the resolution of the meeting was yet to be finalised, he said, adding that he will submit the resolution to the court once he receives it.
Lawyer Syeda Rizwana Hasan appeared for the writ petitioners during the virtual hearing of the petition today.
The phenomenon of high-ranking bureaucrats joining political parties after retirement is a matter of concern for many citizens. This is because it raises questions about their true loyalty and the integrity of the bureaucracy. When individuals are appointed to serve in government positions, they take an oath to serve the people and uphold the law. However, if they join a political party immediately after retirement, it sends a message that their loyalty may have been divided all along, and that, while serving in the bureaucracy, they may have worked in favour of a certain section of people in power or from within the power structure. And not only that, their subordinates may have also done the same.
To better understand the phenomenon, let us look at the Gaibandha-5 by-election.
The events surrounding the Gaibandha-5 by-election have raised concerns about the integrity of the country's institutions – particularly the Election Commission (EC). The Chief Election Commissioner expressed his frustration with the widespread irregularities that occurred during the by-election, stating that "elections [were] now out of control." The EC suspended the election and announced that it would take legal action against 134 public officials, including a returning officer, one additional deputy commissioner, one executive magistrate, 126 presiding officers, and five sub-inspectors for their involvement in the irregularities.
The reason behind taking such an action is simple: these officials did not act as they were supposed to under oath.
During an election, the civil administration, including the bureaucracy and police, are mandated by law to serve under the direct control of the EC. The EC relies on their integrity to successfully hold a free and fair election. However, during the Gaibandha-5 by-election, the opposite occurred. Officials acted as if they were not under oath and did not provide their allegiance to the Commission, resulting in widespread irregularities.
The fact that public officials acted against their oath raises concerns about who they were serving; the people they were supposed to serve under oath, or the party they are associated with? The aftermath of the by-election sends a negative message to the people, creating doubts about the integrity of these officials and the institutions they serve.
The erosion of institutional integrity is a significant issue. It is leading to a loss of faith in the democratic process of the country. When we lose confidence in the integrity of institutions, we become disillusioned with the democratic process
It is not surprising that the EC has not yet taken visible actions against the public officials. The EC is reliant on the civil administration's cooperation, and without it, the Commission cannot act. Unfortunately, this situation is not unique to Bangladesh, and it is not uncommon for public officials to act against their oath, especially when there is political pressure.
The erosion of institutional integrity is a significant issue. It is leading to a loss of faith in the democratic process of the country. When we lose confidence in the integrity of institutions, we become disillusioned with the democratic process. The second round of the Gaibandha-5 constituency election, held on January 3 with only 35 percent voter turnout, and the EC's shift from "out of control" to "fair, disciplined and peaceful manner", proved that people's participation no longer matters. The ruling party candidate won the by-election.
There was a time when nothing could stop people from exercising their voting rights. Blaming the cold for the lower turnout is perhaps nothing but covering up the weaknesses of the constitutional institutions.
All citizens have a responsibility to vote. Even if the outcome seems predetermined, it is essential to exercise the right to vote and make one's voice heard. It is only by participating in the democratic process that citizens can ensure that their elected officials are held accountable and that institutions remain independent and free from political pressure.
The EC is a constitutional body in Bangladesh. Our constitution has awarded the EC with absolute power to control and direct the civil administration during elections. But this is rendered meaningless if the civil administration does not cooperate with the EC, but ends up doing the opposite.
The events surrounding a few recent parliamentary by-elections and local government elections serve as a warning about the erosion of our institutional integrity. What happened after the local government elections was even worse – several elected representatives, including a freedom fighter, were sacked from their positions on questionable grounds.
Their termination was imminent as they had gone against the candidates nominated by their party, won the election, and faced non-cooperation from the civil administration at the local level. Compared to others, the freedom fighter was fortunate enough to get his position back – thanks to a court ruling declaring his termination illegal.
So, can the EC hold a free and fair national election? Under the prevailing conditions, it is nearly impossible. Why? With only nine months left before the national election, the law ministry is still sitting on the EC's proposal to amend the Representation of the People Order, 1972, the regulating law of the national election. It is mentioned under Article 126 of the constitution that it shall be the duty of all executive authorities to assist the EC in the discharging of its functions.
Can the EC do anything if the executive authorities feel that these are just words written on a piece of paper? It cannot.
These precedents will continue to have serious implications for the integrity of the bureaucracy and the legitimacy of the government's actions. Bureaucracy, civil administration, and law enforcement agencies need to remain impartial and serve the public interest, rather than aligning themselves with political parties.
Much of Bangladesh's recent economic slump is due to public funds being used to benefit mid- and high-ranking executive officials, further exacerbating inequality. But it has worked well in terms of winning their loyalty and confidence for the ruling party, with overall negative consequences for the people and the economy.
Meer Ahsan Habib is a Hubert Humphrey Fellow at Arizona State University. His Twitter handle is @meeriyadh
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The High Court today granted anticipatory bail for eight weeks to actors Rafiath Rashid Mithila and Sabnam Faria in a case filed against them over fraud -- for their involvement with e-commerce platform Evaly.
The HC bench of Justice Jahangir Hossain Selim and Justice Md Atoar Rahman granted them bail following two separate petitions filed by them seeking anticipatory bail in the case.
The accused petitioners appeared before the bench for bail during hearing of the petitions.
On December 4, am aggrieved customer of Evaly -- Saad Sam Rahman -- filed the case with Dhanmondi Police Station against nine people including Evaly CEO Mohammad Rassel, Chairman Shamima Nasrin, musician Tahsan Khan, and actors Mithila and Faria.
The other accused in the case are: Akash, Arif, Taher and Md Abu Taish Kayes.
According to the case, celebrities Tahsan, Mithila and Faria were in different positions at Evaly. Because of their presence and their various promotional talks, Saad Sam invested Tk 3,18,000 in Evaly.
The plaintiff alleged that he was deceived because of the promotional talks of the celebrities.
Tahsan was the Goodwill Ambassador of Evaly, and Mithila was associated with Evaly as the face of the company's lifestyle products. Faria joined as Chief Public Relations Officer.
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The passing of the Representation of the People Order (Amendment) Bill, 2023 in parliament is an extremely worrying development. At a time when we are all looking forward to a free and fair election – which is presupposed by the independence of the Election Commission – the passage of the bill, which will reduce the power of the EC to cancel polls, will only dampen the possibility of it being free and fair. On the face of it, the message is obvious: the rule has been passed to restrain the EC.
Already as it exists through law and practice, the EC is hamstrung in many ways. For example, even though the law says that during elections, the administration is supposed to work under the EC, this is only on paper; in reality, it does not happen at all. The chief election commissioner himself has spoken about it. And it has been widely reported on and discussed as well. Now, the EC's hands have been further tied legally.
Specifically, there are two aspects in the amendment that are worrying. The first is the curtailment of the EC's power to suspend polls. The law minister has justified the move by saying that suspending polls in an entire constituency over disturbances in some polling stations is "undemocratic." But what happens if irregularities occur in the majority of polling centres? Will the EC have to stamp its approval just because voting could happen without irregularities in some centres? The amendment takes the same problem to the other extreme. Moreover, the law minister's claim seems to give the impression that the EC would just whimsically suspend polls. Surely, under ideal circumstances, the EC would suspend polls only if it deemed it absolutely necessary.
The second issue is the curtailment of the EC's mandate to suspend polls from during the election period – which is typically about 40 days from when the election schedule is announced to the election day – to only on the "polling day." So, from around 40 days, the EC's power to suspend polls has been reduced to only one day and that also only in the troubled centres. But what happens if large-scale irregularities happen before the officially declared election day, which has blatantly taken place before?
Again, these are clear indications that the bill has been passed to constrain the EC's operating capacity. Given the history of our elections and timidity of ECs and their commissioners, it has made the prospect of free and fair elections further improbable.
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