Law
week
EC unaware of its inherent power
The Election Commission (EC) seems unaware of its inherent power to cancel election results on grounds of gross irregularities in the polls. According to a landmark verdict of the Supreme Court (SC), the EC has this inherent power. In a few other judgments, the apex court also explained the EC's inherent power to ensure free and fair elections.
But Chief Election Commissioner (CEC) ATM Shamsul Huda on Monday said the commission does not have the jurisdiction to do that. Election Commissioner Muhammed Sohul Hussain echoed him and said it is the election tribunals that would decide post-election disputes. Interestingly, erstwhile CEC Justice MA Aziz also came up with the same view in April 2006 when he said the EC is bound to publish official gazettes of poll results sent by returning officers. Justice Aziz termed this task of publishing election results a routine work of the commission which he compared to a postbox.
But the Appellate Division of the SC explained the inherent powers of the EC regarding cancellation of election results in the Noor Hossain vs Nazrul Islam case in 2000. -The Daily Star, October 8, 2008
Deal signed to skip double taxation
Bangladesh and Myanmar signed an agreement to avoid double taxation, a barrier to boosting trade between the two neighbouring countries.
Chief Adviser (CA) Fakhruddin Ahmed and Myanmar's Vice-senior General Maung Aye signed the deal on the first day of bilateral talks between the two nations. Aye, Myanmar junta's second-in-command, who arrived in Dhaka on a three-day visit is leading a 55-member delegation that includes seven key ministers and business leaders.
Important issues including direct road link between the two countries, demarcation of maritime boundary, rice import from Myanmar and repatriation of Rohingya refugees were discussed during the inaugural talks at the CA's office. About 21,000 Rohingya refugees have taken shelter in various areas in Cox's Bazar and Chittagong. The repatriation process remains stalled since 2005. -The Daily Star, October 8, 2008
30 HC benches reconstituted
Thirty benches of the High Court Division of the Supreme Court were reconstituted.
This was done at the order of Chief Justice (CJ) MM Ruhul Amin. Activities of the benches will start on October 12. According to the SC rules, the CJ holds the authority to change authorisation of any bench or reconstitute any bench. If he wants, he can do it anytime. But the CJ usually changes the authorisation of any bench or reconstitutes the benches at the end of the annual vacation. The court reopened on Sunday. -The Daily Star, October 8, 2008
Amendment to RPO okayed to ease party registration
The Council of Advisers finally approved a second amendment to the revised Representation of People Order (RPO) to facilitate the political parties' registration with the Election Commission by submitting their provisional party constitution for time constraints.
As per the latest changes in the politico-electoral rules, the political parties who will get registered with the Election Commission through submitting the provisional constitution will have to submit their ratified constitution to the EC within six months of the first sitting of the ninth parliament.
Chaired by Chief Adviser Fakhruddin Ahmed, a meeting of the Council of Advisers approved the Representation of People Order (Second Amendment) 2008, taking into account the fact that “many political parties will not be able to amend their constitutions and submit those to the Election Commission during registration” as the last date for registration is October 15. -The Daily Star, October 7, 2008
Revised RPO won't be scrapped
Chief Election Commissioner (CEC) ATM Shamsul Huda ruled out any possibility of scrapping the revised Representation of the People Order (RPO) that made registration with the Election Commission (EC) mandatory for political parties.
"Nothing will be left if the revised RPO is cancelled. If it is to be scrapped, why have we spent so much time on it," the CEC said at a press briefing at the EC Secretariat conference room referring to the BNP-led four party alliance's demand for repealing the revised RPO.
As part of electoral reforms, some new provisions were inserted in the RPO in August. The EC had been working on it since February last year. As per the provisions laid down in the revised RPO, political parties willing to contest the parliamentary polls must get registered with the EC. They must apply to the EC by October 15 for registration to be qualified for contesting the parliamentary polls slated for December 18. -The Daily Star, October 7, 2008
Jail term sought for ballot paper misuse
Possessing ballot papers and ballot paper books and exhibition of those during and after the upcoming parliamentary election will be a punishable offence.
The Election Commission (EC) sent a new proposal to the law ministry on Thursday for approval of this provision in a bid to foil any attempt to make the parliamentary poll controversial by misusing ballot papers. It also sent to the ministry the proposals to ease political parties' registration procedure.
For violation of the newly proposed provision, an individual might be punished with rigorous imprisonment for a term of three to 10 years and also fine, sources in the EC Secretariat said. Senior officials in the commission said it means that if any person steals a ballot paper out of the polling station instead of dropping it into the ballot box, they cannot exhibit it before people to question the election process. -The Daily Star, October 6, 2008
SC without adequate number of judges for 4 months
The Appellate and High Court (HC) divisions of Supreme Court (SC) have been without adequate judges as two judge's posts at Appellate Division have remained vacant since July 2 and no new judge was appointed to the HC in more than four years.
Sources said at least seven HC Division judges would retire next year while five Appellate Division judges would retire by 2010 with the chief justice retiring next year.
The shortage has resulted in increasing number of cases pending with both the divisions, causing suffering to litigants. At present, the Appellate Division has five judges against seven posts following retirement of two judges.
The HC, on the other hand, now has 61 judges. The number had risen to 72 after 19 additional judges were appointed to the HC on August 23, 2004, but 11 of them have since either retired or been promoted to the Appellate Division. -The Daily Star, September 30, 2008
Corresponding with the Law Desk
Please send your mails, queries, and opinions to: Law Desk, The Daily Star 19 Karwan Bazar, Dhaka-1215; telephone 8124944,8124955,fax 8125155; email: dslawdesk@yahoo.co.uk,lawdesk@thedailystar.net
