EC Asks AL MP Why He Should Not Lose Seat
Monday, 31 August 2009
The Election Commission on Monday served a notice on ruling Awami League MP for Jhenaidah-3 Shafiqul Azam Khan, asking him to explain why he should not be stripped of parliament membership for running election while holding a public office of profit.
Joint secretary (law) at the Election Commission Secretariat, Nurul Islam Khan, told bdnews24.com that Khan has been asked to reply to the notice within 10 days."
Chief election commissioner A T M Shamsul Huda had told bdnews24.com on Thursday, "We are considering serving a show-cause notice on him."
However, officials at the EC Secretariat said the commission at a meeting on Aug 23 decided to serve the notice.
Khan is to explain why he should not be declared ineligible and a gazette published declaring cancellation of his membership in parliament.
Despite holding a profitable post as Moheshpur municipality mayor, Khan was elected as MP in the ninth general elections on Dec 29 last year. He still holds the mayoral office.
Article 12 (1) C of the Representation of the People Order (amended) 1972 says "a person shall be disqualified for election as or for being a member of parliament if the person is "holding any office of profit in the service of the republic or of a statutory public authority".
However, people leaving their offices of profit in the service of republic or of a statutory public authority can run election.
Khan, Jatiya Party's MP for reserved seats Nasrin Jahan Ratna , also Bakerganj municipality mayor, and independent MP for Narail-1 and Kalia municipality mayor Mohammad Kabirul Haque were elected in the last general elections.
Independent candidate Sajjatuz Jumma appealed to the Election Commission after the returning officer accepted Khan's papers. Jumma has also appealed to the speaker for the cancellation of the member of parliament.
The EC believes Khan is ineligible in line with the electoral laws and the High Court orders on Dec 4, 2008 that barred mayors from running for parliament for being in the public office of profit, officials said.
Dhaka mayor Sadeque Hossain Khoka had filed the petition against the electoral provision.
Several city and municipal mayors took the advantage and contested the elections.