Legality in question as EC follows invalid rules

Questions have been raised over the legality of upcoming elections to six upazila parishads as the Election Commission (EC) prepares for holding the postponed polls under the conduct of upazila parishad election rules that are no longer valid.
With the expiry of the upazila parishad ordinance on February 25, the conduct of upazila parishad election rules, made under the authority of the ordinance, automatically ceased to have effect.
But the EC is exercising authority under the voided rules for holding the postponed polls to six upazila parishads slated for April 6, arguing that it is completing the process, which began earlier when the rules were valid.
Exercising authority under the rules, the EC on March 18 appointed 24 judicial magistrates to hold trial of electoral offences.
The appointments were made through the law ministry following the Supreme Court's (SC) approval, EC Secretariat officials said.
A senior EC official said the SC did not enquire whether the conduct of the upazila election rules were still valid or not. It just approved the appointment on receipt of the EC's letter seeking permission from the SC, he added.
Legal experts said the ongoing activities to hold the postponed polls under the rules are illegal as there is no provision for giving any protection to continue the process for holding the elections under the rules.
When contacted over the phone, Election Commissioner Muhammed Sohul Hussain said the EC is not holding fresh elections to six upazila parishads, rather it is continuing the process, initiated earlier under the conduct of election rules to hold the polls on January 22.
"So, the upazila parishad ordinance and the rules are deemed to remain in force in this matter," he claimed.
However, talking to The Daily Star, legal experts rejected the contention.
Former attorney general Mahmudul Islam said the Upazila Parishad Odinance 2008 is illegal as the immediate-past caretaker government promulgated it repealing the Upazila Parishad Act 1998 passed in parliament.
Eminent jurist Shahdeen Malik said the ongoing activities to hold elections to six upazila parishads do not have any legality since the conduct of election rules are no longer valid.
Echoing the same view, Dr Borhan Uddin Khan, dean of law faculty of Dhaka University, said the upcoming April 6 election will have no validity as the election conduct rules ceased to have effect.
When asked about the EC's argument that the April 6 election is a continuation of the process begun earlier when the rules were valid, Dr Borhan said the matter is debatable.
"The issue can be settled if it is brought to the court," he said.
Both Malik and Borhan said the EC could have held the postponed polls to the upazila parishads smoothly, had the conduct of the rules got a protection for its continuation.
The elections to six upazilas -- Dighinala of Khagrachhari, Ukhia of Cox's Bazar, Belkuchi of Sirajganj, Brahmanbaria Sadar, Ramganj of Laxmipur, Barura of Comilla -- were scheduled for January 22. But the EC postponed the polls on grounds of irregularities.