EC may seek SC's views on nonparty govt

Eminent jurist Dr Kamal Hossain yesterday told the High Court that the Election Commission could seek advisory opinions from the Supreme Court through the president about whether the 11th parliamentary election could be held under a nonparty government.
The commission failed to hold a participatory election for the 10th parliament, he said, adding, "We want a participatory election."
Dr Kamal argued that the EC should have solicited opinions from the Appellate Division before holding the 10th national election, since the SC had observed that the 10th and 11th parliamentary elections could be held under the caretaker government (CG).
He was arguing as amicus curiae (friend of court) during the hearing of a writ petition that challenged the legality of Article 19 of the Representation of the People Order (RPO), which allows the EC to declare a contender elected uncontested.
In the January 5 general election, 153 out of 300 candidates were elected uncontested without a single being cast. Kamal said the EC had failed to understand that 80 percent of people were against the January 5 election.
Another amicus curiae, Badiul Alam Majumder, secretary of civil society body SHUJAN, told the HC that the 10th parliament lacked legitimacy, as most people could not vote. He also said Article 19 ran counter to the constitution, since the charter provided for holding a direct and participatory election.
The bench of Justice Mirza Hussain Haider and Justice Muhammad Khurshid Alam Sarkar will resume the hearing today. A Gazipur candidate, Khandker Abdus Salam, whose candidacy in the January 5 election was cancelled for "defaulting on loans", filed the petition in last December.