Forty-two eminent citizens have submitted a set of fresh allegations of corruption and irregularities against the chief election commissioner and election commissioners to president Md Abdul Hamid.
After over a month, they have once again asked for a meeting with the president to talk about the allegations.
On behalf of the eminent citizens, Supreme Court lawyer Shahdeen Malik sent a letter on January 17 attaching some media reports about the irregularities of CEC KM Nurul Huda, election commissioners Mahbub Talukdar, Md Rafiqul Islam, Kabita Khanam and Shahadat Hossain Chowdhury, former election commission secretary Helaluddin Ahmed and other EC officials.
When asked about the letter, president’s press secretary Mohammad Joynal Abedin told New Age that they were yet to receive the second letter as well as the complaints while he also admitted that there was no progress on the previous letter.
The letter gave some clarification about the Supreme Judicial Council as per a Supreme Court verdict over 16th amendment of the constitution.
‘The decisions of the apex court of the country are final not because they are infallible, but because the decisions are infallible as they are constitutionally final. By the impugned amendment, the removal mechanism of the Judges of higher judiciary by the Supreme Judicial Council has been substituted by the Parliamentary removal mechanism,’ the verdict said and also added, ‘Since this amendment in [sic] ultra vires the constitution, the provision prevailing before substitution is restored. The appeal is accordingly dismissed.’
Earlier on December 14, 2020, the eminent citizens requested president Abdul Hamid to order a Supreme Judicial Council inquiry into corruption allegations against the CEC and the election commissioners.
After submission of the allegations, Shahdeen Malik said at a press conference that they sent a letter with the list requesting the president to order a Supreme Judicial Council inquiry into the irregularities, including misappropriation of Tk 2 crore by the CEC and commissioners in the name of taking ‘honorariums’ as ‘special speaker’.
The list of complaints mentioned the financial misconduct and irregularities of Tk 4.8 crore in the process of appointing staff to the commission and gross misconduct and irregularities in the purchase and use of electronic voting machines and in conducting the 11th parliamentary elections and Dhaka North, Dhaka South, Khulna, Gazipur, Sylhet, Barisal and Rajshahi city corporation elections.
The letter also sought action against three commissioners for unlawfully using three vehicles.
‘You [president] are aware that Article 96(3) of the constitution of Bangladesh provides for the constitution of the Supreme Judicial Council for the removal of Judges. According to Article 96(5) of the constitution, “Where, upon any information received from the council or from any other source, the president has reason to apprehend that a Judge may have been guilty of gross misconduct. The president may direct the council to inquire into the matter and report its finding”,’ the letter stated.
‘You [president] are also aware that Article 118 of our constitution provides for the constitution of the Election Commission. According to Article 118(5), “Subject to the provisions of any law made by the parliament, the conditions of service of election commissioners shall be such as the president may, by order, determine: provided that an election commissioner shall not be removed from his office except in the like manner and on the like grounds as a Judge of the Supreme Court”,’ the letter said.
It also said that the members of the present election commission, under the leadership of KM Nurul Huda, had been committing gross misconduct since taking office in February 2017.
It said that the CEC and other election commissioners had been involved in gross financial corruption and irregularities which were impeachable offenses.
They have also committed gross misconduct by violating laws, rules and regulations, the letter said.
Addressing a press conference on December 24, 2020, KM Nurul Huda claimed that the corruption allegations brought against him and the election commissioners by eminent citizens were intentional, baseless and unacceptable.
