Gonoforum President Dr Kamal Hossain yesterday demanded the replacement of Chief Election Commissioner KM Nurul Huda with a credible person for holding a free and fair national election.

"We couldn't be happy after talking to the CEC. We demand that he be replaced with a credible person," Dr Kamal said while briefing journalists about the country's overall political situation and election atmosphere at the Jatiya Press Club.

He further said, "He [Huda] should be replaced not removed. I would like to tell the CEC again we're not happy with you. We may change our opinion reviewing your activities. We want you to work neutrally from today, no matter what you did in the past."

As per the constitution, the Gonoforum chief said the CEC should work neutrally and independently without being directed by anyone. "But, we're forced to say you've so far failed to demonstrate your impartiality."

"I sincerely request the CEC to ask his conscience whether he is working spontaneously as per his own understanding or at the behest of anybody. The CEC acting as per the directives of somebody is not only a crime, but also a violation of the constitution. If you continue to do that you'll be considered as a violator of the Constitution in history," he added.

Referring to the CEC's comment that all the arrests are being made as per his directives, Dr Kamal asked Nurul Huda to explain with documents as to why he is issuing orders to arrest people. "Your explanation will help us examine whether your actions are justified or you're doing those as an abettor of the government."

He also warned that they may move the court seeking remedy if the Commission does not change its current attitude towards opposition.

The Gonoforum chief said the wholesale arrest of leaders and activists of opposition parties is still going on which is not conducive to creating a congenial election atmosphere. "This wholesale arrest should be stopped."

Dr Kamal said, "Police are the force of the state...they aren't the government force. Police have to work for creating a proper election atmosphere. They must provide legal protection to opposition parties."

The eminent jurist urged the CEC to tell the police to help create a proper election atmosphere so that all candidates can reach out to their supporters and carry out their election campaigns with equal opportunities.

He said the government is making it impossible to hold a neutral and credible election with its “undemocratic” activities and “wholesale” arrest of opposition leaders and activists.

Dr Kamal said they are waiting with eagerness to witness a fair and acceptable election where people, the country's owners, will get a chance to exercise their right to franchise freely.

Showing a photograph, he strongly criticised the police for the way they arrested BNP nomination hopeful Monirul Haque Chowdhury.

The Gonoforum president called upon media to neutrally play their role and depict the real scenario of the country as it will help create a healthy atmosphere for a fair election.

He also opposed the EC's decision to use EVMs in six constituencies and said most parties are against it.

Replying to a question on seat sharing with BNP, Kamal said there is a possibility of both creating a distance and reaching a consensus over the issue. "We forged the unity for uniting people, and we all parties will field the candidates who will be acceptable to people, responsible and can play a good role in restoring democracy."

He said they will finalise the candidates of their alliance by two or three days.

Earlier, in a written speech, Gonoforum Executive President Subrata Chowdhury alleged that the Gono Bhaban, the ministers' residences and government offices are being used for political activities by violating the electoral code of conduct. "But the Election Commission is playing a silent role."

At the beginning of the press meet, Dr Kamal introduced slain former Awami League Finance Minister Shah AMS Kibria's son Reza Kibria and former Kurigram Awami League leader Maj Gen (retd) AMSA Amin who recently joined the Gonoforum.  

At the end of the press conference, private TV Channel ETV's ex-chairman Abuds Salam joined the Gonoforum.

Krishak Sramik Janata League President Abdul Kader Siddiqui, Gonoforum General Secretary Mostafa Mohsin Montu and Jatiya Oikya Prokriya leader Sultan Mansur were, among others, present.

Urging BNP to find out the reasons behind its defeat in the last general election, Prime Minister Sheikh Hasina yesterday said a party that failed to mobilise people for a movement cannot win public support in the election fray.

“BNP has many reasons for their defeat in the December 30 election. One is their failure to wage anti-government agitation involving people,” she said.

The prime minister was addressing a discussion marking Bangabandhu's Home Coming Day from Pakistani prison on January 10, 1972 after Bangladesh got independence.

Bangladesh Awami League Central Working Committee organised the discussion at Bangladesh Krishibid Institution.

Prime Minister Sheikh Hasina, also President of the Awami League, was in the chair while party leaders Amir Hossain Amu, Tofail Ahmed, Matia Chowdhury Sheikh Fazlul Karim Selim, Mahbubul Alam Hanif, Jahangir Kabir Nanak, Abdur Rahman, AFM Bahauddin Nasim, AKM Rahmatullah and Shah Alam Murad, among others, took part in the discussion.

Party leaders Dr Hasan Mahmud and Aminul Islam conducted the meeting.

Other reasons for BNP's debacle in the election is their misdeeds in 2013, 2014 and 2015, the prime minister said, adding that people didn't forget their mayhem when they torched more than 3,900 transports, burnt more than 3,500 people of whom more than 500 succumbed to injuries.

“Women, children, elderly persons, students and even trees could not escape from their attacks. So, how can they expect that people will vote for them?” she asked.

The Prime Minister said choosing a fugitive convict to head the party is also a major cause for BNP's defeat in the election.

“As their main leader is serving in prison for stealing an orphanage's money, her son was made acting chairperson, who was convicted in a number of cases including a case for smuggling 10 truckloads of arms and ammunition, the 21 August grenade attack and a money laundering case where FBI has given deposition against him.

“Was there no leader in BNP except a convicted person to be made their chairman?” Sheikh Hasina asked.

She said trading with nomination is another major cause of BNP's disaster in the election.

“They [BNP] put their nomination in auction and the highest bidder got nomination. Many of them met with me and spoke of their anguish,” she said.

Above all, the prime minister said BNP has given nomination to 25 leaders of Jamaat the entity of which was declared illegal by the country's highest court.

She said, “People of Bangladesh now believe in the spirit of the Liberation War and they will never vote for any war criminal.”

Sheikh Hasina said the Father of the Nation has liberated the country, but people of Bangladesh suffered immensely for 29 years from 1975 to 1996 and from 2001 to 2008 as anti-liberation forces ruled the country during that time.

“People of Bangladesh found prosperity only when Awami League was in power as the party is guided by the principles of Bangabandhu,” she said, adding that “economic emancipation of the people is our main goal and we want to establish peace and security in public life.”

The prime minister said Awami League had framed its election manifesto aimed at making Bangladesh a developed and prosperous nation in South Asia.

She said post 1975 rulers had tried to thwart out all achievements of Bangladesh by killing Bangabandhu on August 15, 1975.

Bangladesh could not go ahead because of their conspiracy and failure.

During the discussion, Sheikh Hasina expressed gratitude to the countrymen for casting their vote for Awami League and to the professionals for overwhelming support in the election.

She said next five years would be a hard time for her party as the government must continue the pace of development and take forward Bangladesh toward prosperity as pledged by it.

Transparency International Bangladesh (TIB) today demanded judicial probe over the reported violations during the 11th parliamentary election.

The anti-graft watchdog also voiced concern as the election was "questionable and debatable" due to allegations of violations of code of conduct, use of force, and death of 19 people.

In a statement issued today, its Executive Director Dr Iftekharuzzaman said: "The set of violence and multifaceted violations of election code that has raised doubts over the election and its results must be investigated impartially.”

He said: "We demanded that level playing grounds be created for all stakeholders from the beginning. However, news of attacks, repression and lawsuits intended to harass the candidates and their supporters of a contending alliance as reported by the national and international media is an ominous sign for democracy."

"Such harassment allegedly continued even the night before and day of elections. The most worrying fact is that people might lose their confidence on the system of democracy."

He goes on saying: "The way the chief election commissioner tried to shrug off the allegations that the polling agents of an alliance is embarrassing and the concern has deepened whether the commission could effectively carry out its constitutional duty."

“Ensuring justice through a judicial probe of the allegations will be of immense value for the credibility, self-confidence and public trust of a government that is being formed in the wake of an unprecedented outcome of an unprecedented election,” he added.

Chief Election Commissioner KM Nurul Huda yesterday rejected the Transparency International Bangladesh report on irregularities in the 11th parliamentary polls, terming the report “baseless”.

Besides the CEC, two ministers criticised the report. 

Awami League General Secretary Obaidul Quader, also road transport and bridges minister, called the TIB report a “fairy tale”.

Information Minister Hasan Mahmud said the TIB report was a “deliberate falsehood” and it echoed the speech of opposition alliance -- Jatiya Oikyafront -- regarding the December 30 polls.    

On Tuesday, the TIB in its study titled “Review of Election Process of 11th National Election” said irregularities took place in 47 out of the 50 constituencies it surveyed. 

It termed the polls “partially participatory, non-competitive, questionable and faulty" and demanded a judicial inquiry into the reported irregularities.

The anti-graft watchdog said ballot papers stamping took place the night before the election in 33 constituencies, stamping ballots openly after occupying booths in 30 seats on the election day and non-availability of ballot papers in 22 constituencies.

The TIB study found ballot boxes filled-up before polling even began in 20 constituencies; voters forced to cast ballots for a particular symbol in 26 constituencies, casting of fake votes in 41 seats, silence of the administration and law enforcing agencies in 42 seats and obstructing and driving out polling agents in 29 seats.

In the 50 constituencies, not all the polling centres necessarily saw the anomalies. Irregularities happened in one or more centres of a seat, the watchdog said.

'IT IS BASELESS'

“We are completely rejecting the TIB report on the election. It is baseless,” the CEC told reporters after an orientation programme of the newly appointed Election Commission officials at the Nirbachon Bhaban in the capital yesterday.

The CEC said there was no similarity of the TIB report with those published in newspapers and accounts of other observers on the voting day.

Information provided by the election enquiry committees, executive magistrates and EC officials and others on the polls also do not match the TIB findings, he said.

The CEC also slammed the TIB's allegation that the EC failed to act neutrally and the role of some polling officers and law enforcement agencies were biased, saying, “The speech is disrespectful ... They should not speak like that.”

He said the commission would not take any step against TIB over its report.

'FAIRY TALE'

“The TIB has come up with the fairy tale long after the election,” Quader told journalists after an extended meeting of Dhaka South City unit Jubo League at AL's central office on the Bangabandhu Avenue.

“The TIB has cooked up so many imaginary and unbelievable stories. The countrymen will give a reply to the report.”

He termed the December 30 election transparent and excellent.

“Did any agent of BNP and Oikyafront candidates make any objection about the transparency of the election on the voting day?” Quader questioned.   

HASAN BINS REPORT

In another development, Information Minister Hasan Mahmud said, “There is no difference between the TIB    report and the speech of the Oikyafront. In fact, the TIB just published a report in favour of BNP and Jamaat-Shibir.”

He was addressing a press conference in his Dewanji Pukur Par lane house in the port city yesterday, reports a staff correspondent in Chattogram.

The minister added that though the TIB usually claimed that its reports were based on research findings. But in fact, no proper research was actually done. 

The High Court will deliver its order today on a writ petition that challenged the legality of oath-taking of lawmakers elected in the December 30 national election.

Advocate Md Taherul Islam Tawhid filed the petition on January 14, praying to the HC to issue a rule asking the Election Commission and the government to explain why the oath taking should not be declared illegal.

The lawyer also sought necessary HC orders on the authorities concerned to block the new lawmakers from discharging their functions.

The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal fixed the date after holding a hearing  yesterday.

During the hearing, Taherul's lawyer Barrister AM Mahbub Uddin Khokon argued that the oath-taking violated articles 123(3) and 148(3) of the constitution of Bangladesh.

According to article 123(3)(a), parliamentary election shall be held within 90 days of dissolving the incumbent parliament.

“As the 11th national election was held without dissolving the 10th parliament, the polls have breached the constitution,” Barrister Khokon said. 

Moreover, as per article 148(3) if a person is required to make an oath before entering an office, s/he shall be deemed to have entered office immediately after the oath.

Following article 148(3), the new lawmakers shall be deemed to have taken office right after they were sworn in, Khokon added.

However, the 10th national parliament which first sat on January 29, 2014 still exists and will continue till January 28 this year as per Article 72(3) of the constitution, he said, adding, “the oath-taking of the lawmakers is hence unconstitutional”.

On the other hand, Attorney General Mahbubey Alam opposed the writ petition saying that the petitioner lacks locus standi or sufficient interest in the matter in question.

“Advocate Tawhid is neither an elected lawmaker nor a candidate of the December 30 election,” the AG said, adding that there is no legal basis for the court to consider the petition.