So the EC is solely responsible for all the good and bad deeds committed by every election commissioner during his/her tenure.

Our incumbent Chief Election Commissioner, Justice M A Aziz, was working as a Justice in the High Court (HC) before his present appointment and we would expect that his personal integrity is beyond question. But what the nation has seen so far has simply been unfortunate. About two months ago, he was admitted to hospital for treatment of a 'deadly disease'. But he left the hospital later at night. The reason is still unknown to the nation. However, the people understood well that his admission into the hospital was more to avoid a meeting with the foreign delegates than to undergo treatment. What can the nation expect from such Chief Election Commissioner?

The EC prepared a new voter list despite a standing rule from the High Court to revise the existing one. A number of news items were published for days together about the listing of thousands of false voters, while the same list missed hundreds of genuine ones! In some cases, adults were found missing from the list, while under-aged children were enlisted as voters. We know the stranded Pakistanis have been striving for repatriation to their motherland. They are not our citizens. Some of them were born here and according to the birth right they would be valid citizens of Bangladesh if they showed allegiance to our country, but they did not; instead they are still showing allegiance to Pakistan. But a number of stranded Pakistanis were enlisted as voters against their will.

It is now quite clear that the new voter list is full of faults. But as ill luck would have it, the EC has completed revision on May 21 last and there is no chance to delete the false voters, though valid new ones could be enlisted up to the day before the election date (CEC May 21, 2006). To a journalist's question if he would resign admitting failure, the CEC said no at least twice.

After a five-day hearing on the CEC's leave to appeal against the January 4 HC directives to consider the existing electoral roll as a major basis, the full bench of SC headed by Chief Justice Syed JR Mudassir Hossain rejected the CEC's appeal and upheld the HC directives and observations over the EC's preparation of a voter list for the next general elections with modification of two HC directives. This verdict came on May 23 in a crowded court room. The court said, “the appeal is dismissed with modifications on the findings and observations, and directives given by the HC Division in the impugned judgment and order."

By this time, the HC issued a contempt rule on CEC M A Aziz, the two election commissioners and acting secretary to the EC Secretariat to explain within three weeks why a contempt charge should not be brought against them for their non-compliance with the January 4 HC directives, observations and findings regarding preparation of the voter list.

Even after the Supreme Court judgment (that had gone against his all activities so far) and the contempt of court from the High Court Division, Justice Aziz is still saying 'no' to resignation. One realises Justice Aziz is losing a state job according to article 118 (3a) that states, “a person who has held office as Chief Election Commissioner shall not be eligible for appointment in the service of the Republic.” That is he cannot go back to the High Court. But is there any plausible way out without wilful resignation? There would be a way out, respecting him as a High Court justice and allowing him to stay in office trying to revise the voter list based on the one prepared in 2001, if he did not establish himself earlier otherwise through a number of questionable deeds. Justice Aziz played hide and seek with his own health, kept mum to the journalists' questions, disregarded the HC directives (and also misinterpreted that) and tried to carryout a design of election engineering. Thus he failed even to fulfil the design of the government party (I think so).

But now the people have no trust in him and the major opposition is up and doing to make him resign. If he fails to step down one is almost sure he would be 'advised' (meaning an order) very soon by the government high command to do so. Then wouldn't he be formally declared as 'unjust' in all respects?

If the government party is late in realising the truth, its popularity will decrease further. No way this EC would be allowed to run the election when the power will be in the hands of the caretaker government. The CG would use the Supreme Judicial Council formula against the entire EC. Then the entire nation would be in danger because it would be very difficult for the CG getting the voter list (that may eat up at least one month time) revised and completing the election within three months using the newly appointed EC.

So by delaying in resignation, the EC is defeating not only itself, the alliance government would also be in difficulty and lastly the entire nation would fall in danger (if the CG's scheduled three-month time proves inadequate for completing all the electoral processes).

M A S Molla is a freelance writer on social Issues.