EC legally bound to hold polls by Dec
The Election Commission (EC) now considers holding of the ninth parliamentary election within December a legal obligation as the commission in an affidavit to the Supreme Court has promised to do so.
"We told the court in an affidavit that we would hold the ninth parliamentary election within December. Now we have no scope to deviate from the commitment," Election Commissioner Muhammed Sohul Hussain told The Daily Star on Thursday.
In the affidavit submitted to the High Court (HC) Division of the Supreme Court on May 6 this year, the EC promised that it would hold the stalled ninth parliamentary election within December 2008 according to the electoral roadmap announced by the EC on July 15 last year.
"The Election Commission would hold the election and there should not be any doubt about the sincerity of the Election Commission in holding the election within December, 2008 as promised to the nation," said the EC in the affidavit submitted to the court through its counsel during the hearing of a writ petition.
Disposing the writ petition filed with the HC over the EC's failure in holding the ninth parliamentary election within stipulated 90 days, the HC in its ruling on May 22 accepted the EC's decision to hold the long-stalled ninth parliamentary elections in December this year.
"In the circumstances, the timeframe declared by the EC for holding the election of members of ninth parliament within December 2008 and in the absence of any material to contrary, cannot be said to be not reasonable," said the HC in its verdict.
The HC observed that the EC has violated the constitution by not holding the ninth parliamentary election within 90 days since the dissolution of the previous parliament.
Asked about the significance of the verdict, Sohul said, "Now it's a very important legal evidence. We cannot deviate from the electoral roadmap. We have announced the schedule for holding the polls on December 18 as we want to abide by the court order."
Some legal experts said if the EC does not face any uncontrollable circumstance, the commission cannot renege on its commitment which has become a legal evidence following the court verdict.
"If the Election Commission willingly deviates from the electoral roadmap under normal circumstances, it might be tantamount to contempt of court," an eminent jurist told The Daily Star wishing anonymity.
They said the EC has no way to defer the polls on its own. If it wants to do so, it must consult with the Supreme Court.
However, former chief election commissioner (CEC) Justice Abdur Rouf did not agree with this view.
"If the election is not held in December, the commission will not be responsible for it," the former CEC told The Daily Star.
In his address to the nation on May 12, Chief Adviser Fakhruddin Ahmed announced that the stalled ninth parliamentary election would be held in the third week of December.
On February 25 CEC Huda said the election commissioners do not want to become national traitors by reneging on the commitment of holding the stalled ninth parliamentary election by the year-end.
"We are totally committed to the electoral roadmap. This is a do or die situation...the election must be held within the timeframe stipulated in the roadmap," CEC Huda told an Awami League delegation.
However, under the prevailing political situation there are still doubts whether the stalled parliamentary election would be held as per the announced schedule.
The BNP-led four-party coalition is now pressing hard to defer the polls by two to three months while the Awami League-led alliance wants the polls to be held on schedule.
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