Veterans’ verdict on EC: Neutrality, efficiency must be ensured

When all eyes are glued to the Election Commission search committee which will propose names for the next EC, bdnews24.com has tried to get into the minds of the former members of the constitutional body.

With outgoing CEC Kazi Rakibuddin Ahmad, 11 people have so far served as the chief election commissioner in the 45-year history of the country.

According to data available at the EC, at least 12 former EC veterans still alive, of them four have served as CECs while the rest have been commissioners.

bdnews24.com tried to know the views of three former CECs and some former commissioners on the limitations of EC and country’s polls culture, other related issues and their aspirations about the new EC.

“Just as an efficient EC is required for fair elections; it is equally important to have the cooperation of the political parties and the government,” feels caretaker government CEC Justice Abdur Rouf.

“Tolerance from the parties and the voters are also important,” he added.

Former CEC Md Abu Hena, who is considered as not-so-successful CEC and ATM Shamsul Huda, who is considered as one of the most successful CEC echoed the above views.

They said that although they reaped praises for conducting elections when a non-partisan government was in place, they had to face a lot of pressure while conducting elections with the party governments in place.

At least one among them said it is more important to ensure a neutral poll process than who is appointed to the EC.

In search of ‘neutrality’

The Abdur Rouf Commission had conducted the polls during under an interim government that followed the ouster of HM Ershad.

Although he earned kudos for conducting that poll, the Magura-2 by-poll he conducted during the BNP regime in 1994 saw his image tainted with criticism.

Rouf told bdnews24.com, "If voters can exercise their rights, it won't matter who comes and who goes at the EC."

“The commission can do nothing if the rights of the people or the poll process is hijacked,” he believes.

Rouf said that “even the CEC and the commissioners vote for the candidates of their choice, they too enjoy that right.”

“So, it is futile to keep searching for a neutral EC alone.”

He said it hardly matters who mans the EC, what matters is that the people must have the right to vote freely.

Justice Rouf had initiated the process of reforming the poll process and registering the voters. He had also experimented with increasing voting centres and minimising the total number of polling days. 

He said that the EC requires the cooperation of the political parties as well as help from the government machinery, without which the voting process cannot function.

"I did not receive the salary from the EC. My case was different. I returned voluntarily to the court," he said speaking of his experience of quitting before the end of his tenure.

He is currently in good health, said the 82-year-old who continues to remain associated with some socio-cultural organisations.

Md Abu Hena who headed the commission in 1996 is also fit and fine. He is currently 80 years old. However, he told bdnews24.com that he does not feel very comfortable anymore to speak about the EC.

The commission headed by him conducted the polls to the 7th parliament under a caretaker government.

Like Rouf, he too had to face pressure during Tangail poll held under a partisan government although his performance during the nonpartisan government drew praises.

He recently told the media that he believes that the EC selection process should be fair to ensure ‘acceptable’ polls in the current times. He also said that the search committee is inevitable in finding a neutral EC.

He too emphasised the need for cooperation from all concerned in ensuring credible and fair polls.

Both Rouf and Hena observed that the defeated side always levels charges of foul play. They observed that it had become a part of the political culture.

“But if the polls are fair, the controversy dies away after the final judgement.”

ATM Shamsul Huda conducted the polls to the 9th Parliament at a time when the country was not under army rule, rather a military-supervised civilian rule.

He believes that the demand for a law on making the EC that political parties have made during the discussion with the president is "a step forward."

He stressed on political consensus while forming the new EC and said that cooperation from everyone is necessary to conduct a healthy poll.

He criticised government control on institutions and said the government of the day, be it a non-partisan or a party based one, "the victors snatch all."

'Unfortunate culture'

Muhammad Sakhawat Hussain, an election commissioner at Huda's commission, has expressed his views on the previous commissions along with depicting his experience in a book - 'Nirbachon Commission Panch Bochhor' (Five Years in Election Commission).

He has written in the book that two of the former CECs are 'worth mentionable' for controversy.

"One of them is Justice Mohammad Abdur Rouf, who was appointed CEC while he was in the Appellate Division during the caretaker government of Justice Shahabuddin Ahmed in 1990," he wrote.

A case had been filed against him becoming the CEC while holding another constitutional post.

After five years, Justice Rouf left the commission and returned to the Appellate Division following the controversial elections to the Magura-2 constituency on Mar 20, 1994, Sakhawat wrote. 

Justice MA Aziz also faced a case after he had succeeded Justice Rouf as the CEC. Justice Aziz's appointment to the EC was ruled ultra vires by the High Court.

Sakhawat wrote that Justice AKM Sadeque had to leave after the one-party 'election' of the BNP on Feb 15, 1996.

"His activities also made the EC debatable," Sakhawat added.

About Abu Hena, the first former bureaucrat to become CEC, Sakhawat wrote that though Hena resigned on health grounds after four years, it appeared there was 'anger' behind his resignation.

Sakhawat, a former army official, also wrote that former bureaucrat MA Sayeed passed the full time of his tenure as CEC, but failed to get the then BNP government's permission to deploy army in Union Parishad elections.

He observed that the president had to consult the head of the government all the time to appoint election commissioners in Parliamentary democracy. "That's why the president had appointed the election commissioners following the advice of the prime minister or the caretaker government head in some cases," he wrote.

In his words, the appointments of election commissioners always became controversial, particularly after 2001, due to the absence of specific law in this regard.

About the current EC, he wrote that though it was formed through a hurriedly formed search committee, the BNP's stance of 'not accepting it' is 'unfortunate'.

Sakhawat regretted the using of Indian EC as an example of strong EC.

"But the system of constituting the EC there is similar to Bangladesh's one. The president there make the appointments following the prime minister's recommendations," he added.