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The chief election commissioner has finally proposed to the government for constitutional amendment for giving the CEC the authority of the Election Commission Secretariat
The two election commissioners have demanded amendment to the Election Commission Secretariat Law, but the chief election commissioner, ATM Shamsul Huda, wants amendment to the constitution. He proposed to the government.
ATM Shamsul Huda said he made the proposal to resolve the 'unwanted' dispute with two election commissioners Mohammad Sohul Hossain and M Shakhawat Hossain over control after parliament passed the EC Secretariat Law 2009 in first session.
"I won't talk about it, leave it," a visibly perturbed Huda told bdnews24.com when asked to comment on the amendment.
He proposed the amendment by adding two new clauses to the article 118 of the constitution. These are – 4A) The Election Commission shall have its own Secretariat under the control of the Chief Election Commissioner and 4AA) Matters to be decided solely by the Election Commission shall be specified in the rules prescribed under the law made on that behalf.
On May 12, the CEC sent the written proposal to cabinet secretary Md Abdul Aziz. On May 17, the proposal was sent to the secretary of law, justice and parliamentary affairs ministry and the Cabinet Division.
"I have come to know about the amendment but there has not been any discussion on it," law secretary Kazi Habibul Awal told bdnews24.com on Friday.
The clause 4 of article 118 says that EC will remain independent in executing its responsibilities and act only this constitution and law.
According to the CEC, since 90 percent works of the commission are related to election these are always decided at the meetings of the commission and decisions are taken with the consent of all commissioners. Only 10 percent administrative works are done under the supervision of the secretary and under the overall control of the CEC.
In last 208 meetings of the commission, all the activities were approved by joint decision. The EC Secretariat implements the accomplished topics of the commission meetings and the administrative works of the secretariat.
Though two types of work are done here it is not required nor possible to establish control over the many-member commission in the interest of the administrative works and coordination of the secretariat, said the CEC.
The three-member EC headed by Huda was formed in February 2007 by the 2007-2008 military-installed caretaker government. At the same time the commission was reformed by appointing Humaun Kabir as the EC secretary.
The EC earned plaudits for preparing a voter list and national ID database with photo, getting the independent EC Secretariat ordinance, review of electoral law, registration of political parties, delimited constituencies for the ninth parliamentary election and holding city corporation, municipal and Upazila Parishad elections.
CEC Huda said the authority of the EC Secretariat has been bestowed singly on the CEC in the Independent Election Commission Secretariat Law 2009 to run the EC secretariat properly.
But the other commissioners want the authority over the EC Secretariat rested on the commission. They created 'unnecessary debate' by raising the issue in the media, he said.
"It is damaging the image of the commission and spoiling the working environment," he said and added that this should be resolved right away.
Since there is no rule on commission secretariat and its running in the constitution these intricacies have been created, he said.
The two election commissioners criticized the clauses 5 and 14 of EC Secretariat law and said that some clauses are flawed.
On May 3, election commissioner Mohammed Sohul Ahmed said one clause is 'against constitution' and said problems can be created in the future if those are not attended to now.
"In many cases only the CEC and the secretary have been given the jurisdiction of work. The commission consists of three commissioners.
"It is not according to the constitution that the secretary will take the help of only CEC for any work," he said.
M Shakhawat Hossain said, "These clauses should be amended."
Source: bdnews24.com
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