After a five-day hearing on the chief election commissioner's (CEC) 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 delivered the verdict.

In a crowded courtroom, the court said the appeal is dismissed "with modifications on the findings and observations, and directives given by the High Court division in the impugned judgement and order."

Meanwhile, the HC issued a contempt rule on CEC MA Aziz, the two election commissioners and acting secretary to the EC Secretariat to explain within three weeks why the 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.

Terming the SC verdict "very significant", legal experts told the press yesterday that the draft voter list will be considered illegal now and the EC will have to update the electoral roll by making necessary corrections and additions to the existing one prepared in 2000. The SC modifications of the HC judgement have also strengthened it, they said.

The SC verdict said the EC should prepare the electoral rolls taking into consideration the existing one under section 7(6) of the Electoral Rolls Ordinance 1982.

"If there is a computerised database, the commission should make the best use of it and if not, a computerised electoral roll with database should always be maintained to avoid further controversy, costs and labour," it said.

The SC also directed that the persons whose names are already on the existing list cannot be dropped unless they are dead or have been declared to be of unsound mind or less then 18 years of age or ceased to be citizen of Bangladesh, or ceased to be deemed by law to be residents of the electoral area/constituency following sub-rules 3 and 4 of the rule 20 of the electoral rolls 1982.

The HC gave directives and made some observations on January 4 following two writ petitions filed by Awami League (AL) leaders and lawmakers Abdul Jalil, Rahmat Ali and Asaduzzaman Noor on December 12 last year, challenging the CEC's "unilateral" decision to prepare a fresh voter list.

The CEC on February 1 filed a leave to appeal with the SC against two points of the HC directives that the EC should prepare the voter list on the major basis of the existing electoral roll prepared in 2000, and that it should publish some of the HC observations in the media.

The SC on April 17 granted the leave to appeal but did not stay the operation of the HC judgment. The hearing on the appeal started on May 14 and concluded on Monday.

After the verdict, counsel for the petitioner Dr Kamal Hossain said the SC judgment has freed the nation from the uncertainty created by the EC over the electoral roll for the next general elections.

"The EC was going on a wrong path regarding preparation of the voter list. It will now have to correct its wrongs," he said.

The SC has not only upheld the HC judgement but also made it stronger by making some modifications, Dr Kamal said.

"The draft voter list the EC published on May 3 is not legal. Those who made this serious mistake should step down from their positions. The CEC and the commissioners should ask their conscience if they can hold their positions even after making such big mistakes," he said.

Barrister Rokanuddin Mahmud said the draft electoral roll prepared by the EC is not legal, acceptable and effective and no election can be held on the basis of this list.

Barrister M Amir-Ul Islam said the EC has committed contempt of court by making and publishing the draft voter list.

Counsel to the CEC Advocate TH Khan declined to make any comment on the SC verdict.

Dr Kamal Hossain, Barrister Rokanuddin Mahmud and Barrister Amir-Ul Islam moved for the petitioners while Barrister Sara Hossain, Barrister Taniya Amir, Dr Shirin Sharmin Chowdhury and Barrister Tanjibul Alam assisted them.

Advocate TH Khan and BNP lawmaker Advocate Khondker Mahbubuddin Ahmed moved for the CEC while Advocate Toufique Inam Tipu and Barrister Nasiruddin Asim assisted them.

Attorney General AJ Mohammad Ali took part in the case for the state.

CONTEMPT RULE AGAINST CEC
Following the contempt petition filed by AL General Secretary Abdul Jalil on Monday, an HC bench yesterday issued rule on CEC MA Aziz, election commissioners Mahfuzur Rahman and SM Zakaria, and Acting Secretary to the EC Secretariat Mohammad Zokoria to explain why contempt proceedings should not be drawn against them.

Jalil brought the contempt of court allegations against the three for their non-compliance with the HC directives, observations and findings regarding preparation of the voter list.

He brought the allegations against them for ignoring and obstructing implementation of the HC order and for frustrating the order by way of publications of the draft electoral rolls.

Jalil in his petition said the accused made contemptuous comments on the HC observations undermining the court's dignity, honour and prestige.

"The High Court had directed the respondents to publish the full judgment in the media, but they did not do that. Rather, they published a draft list of false voters on May 3 violating the High Court judgment," the petitioner alleged.

Barrister M Amir-Ul Islam moved for the petitioner while Barrister Taniya Amir, Dr Shirin Sharmin Chowdhury, Barrister Shamsul Hasan, and Moin Firozee assisted him.

Tk 60 crore goes down the drain Most of the Tk 60 crore already spent from the public exchequer for preparing a fresh voter list seems to have been wasted as the Supreme Court (SC) yesterday upheld the High Court (HC) directives for