EC wants full grip on poll matters

The Election Commission is seeking amendments to the constitution to remove the court's jurisdiction of reviewing EC's actions taken during the process of holding parliamentary polls.
It also wants another change in the constitution that makes it mandatory for a caretaker government to consult the EC before taking any steps regarding the elections.
The EC wants the changes in the constitution and sent proposals to this effect to the parliamentary special committee on the constitutional amendments last Thursday. Previous experience of the EC is compelling it to seek these amendments.
Election Commissioner Muhammed Sohul Hussein told The Daily Star yesterday about the EC's proposals.
If the constitution is changed in line with the EC's proposal, none will be allowed to challenge, before a court, the commission's decision made during the electoral process.
The electoral process begins with the announcement of poll schedule and ends with declaration of the election results through official gazette.
Similarly, the caretaker government, which is supposed to extend all-out support to the EC for holding the parliamentary polls, cannot decide any matter related to the election without the advice of the EC.
"The Election Commission will be a lot stronger if the changes are brought to the constitution in line with our proposals," he said.
The election commissioner said the EC believes the special committee will carefully consider the proposals as it wants to do something to strengthen the commission.
The parliamentary special committee on Wednesday at a meeting discussed how to strengthen the EC, including fixing the number of election commissioners so that the president's authority to make unlimited appointments to the EC is restricted.
The same day, Suranjit Sengupta, co-chair and spokesman for the special committee, made a phone call to Sohul seeking their opinion about strengthening the EC.
In response, the EC sent the proposals to the special committee's co-chair.
In defence of the proposal for doing away with the court's jurisdiction, Sohul said some people used the court in the past in their personal interest, hampering the electoral process.
On court orders, the EC had to destroy over 24 lakh ballot papers printed for eight constituencies so that new contenders could run in the December 29, 2008, parliamentary elections.
With court orders, 21 candidates entered the race in 18 constituencies just 10 days before the polls, making the EC's job even harder.
Their applications seeking candidacy were rejected by the returning officers (ROs) and the EC upheld the ROs' decisions. They then moved to the Supreme Court.
Sohul cited an instance in India. He said steps can be taken challenging the EC's decision on the grounds of coram non judice (trials held not before a proper court or judge).
In India, the electoral process cannot be challenged through legal suits or with writs, except on the very limited grounds of coram non judice. The election can be challenged afterwards by filing an election petition.
Article-125 of the constitution of Bangladesh bars challenging the delimitation of constituencies or the allotment of seats in constituencies before a court. It also prevents legal challenges being made after the election unless it is filed as an election petition.
Now, the EC wants to add a new provision to this article removing the court's jurisdiction to review EC's actions carried out during the electoral process.
Contacted by The Daily Star, jurist Shahdeen Malik said writs are hardly entertained on any grounds after the announcement of polls schedule and until the publication of election results.
"This interpretation was most recently reiterated in Mohiuddin Khan Alamagir Vs Bangladesh Election Commission case where his writ petition, which was filed after the announcement of the poll schedule and against the rejection of his nomination by the RO, was held not maintainable," he said.
In another proposal, the EC said one individual should be allowed to run for parliament membership from only one constituency.
Currently an individual can stand in three constituencies.