Debate over presidential poll ‘unnecessary’

Chief Election Commissioner Kazi Habibul Awal yesterday said confusion and debate over the latest presidential election was "unnecessary and unexpected".

He said he, as the returning officer of the election, reviewed the relevant articles of the constitution, laws and rules while scrutinising the nomination papers of Md Shahabuddin and found that there was no barrier for him to become president.

The ruling Awami League nominee, Shahabuddin, a former commissioner of the Anti-Corruption Commission and  also an AL advisory council member, was elected president unopposed on Monday.

The government on that day issued a gazette notification declaring Shahabuddin, also a retired district judge, as the president-elect.

Many pointed out that the ACC law stipulated that at the end of a person's tenure, a commissioner shall not be eligible to hold any profitable office in the service of the republic. And the president's position was an office of profit.

"If anyone tries to raise an irrelevant debate over the head of state, it is unexpected," the CEC said while talking to reporters at his office.

Habibul Awal said the ACC law says at the end of  a person's tenure, a commissioner shall not be eligible to get appointment to any profitable office in the service of the republic.

"There is a difference between an appointment and being elected. He [Shahabuddin] is not appointed by anyone, rather he is elected."

The CEC added that many were not bringing up the issue of his election; rather they were saying that he was given a position that is an office of profit.

Talking about office of profit, Habibul Awal said he was aware of the High Court verdict in the case of Abu Bakar Siddique vs Justice Shahabuddin Ahmed in 1996.

"Operative part of the verdict clearly mentioned that election of Justice Shahabuddin Ahmed was completely legal. The discussion part [of the verdict] said the president of Bangladesh holds office of profit, but it is not an office of profit in the service of the republic.

"So, creating confusion by giving different opinions regarding it [the election] is unnecessary", he commented.

Meanwhile, Attorney General AM Amin Uddin yesterday said there is no scope for raising any question about Shahabuddin's election as president. "It is absolutely legal and it is irrelevant to raise any questions."

Speaking to reporters at his office, he said the post of president is not an office of profit.

The HC judgment in 1996 categorically said that the post of president is not an office of profit, the attorney general added .