Kalyan Party leader sends legal notice to EC seeking cancellation of HM Ershad’s parliament seat

A leader of Kalyan Party, member of BNP-led coalition, has sent a legal notice to the Election Commission seeking cancellation of Jatiya Party Chairman HM Ershad’s parliament membership.

Supreme Court lawyer Md Mubinul Haque, legal secretary of the party, in his letter urged action in keeping with sections 66 of the constitution and section 12 of the Representation of the People Order. 

The post of special envoy for the prime minister is an 'office of profit' . That , says the letter , disqualifies Ershad from holding his parliament seat , the notice sent on Monday said.  

Section 12 bars any person holding any office of profit in the service of the Republic or with a statutory public authority from contesting for a seat in Parliament. 

While the constitution’s Section 66 states that any office in government service will be deemed as 'office of profit'  except for that of president, prime minister, speaker, deputy speaker, minister, minister of state or deputy minister.

Haque said: “ the Jatiya Party chairman has clearly violated the constitution and law.”

He warned that if the EC does not take his notice into cognisance, he would move the courts on the issue.
 “The opposition party is still in the cabinet. I am seeking legal action on this issue to maintain our democracy.”

However, EC Joint Secretary Md Shahjahan said, “The commission has nothing to do about this. The aggrieved person can move the High Court about this. Whether the position is profitable or not is something the court would have to decide. The law also clearly defines the office of profit."

Ershad, after a dramatic announcement withdrawing his nomination, won the Rangpur seat while under treatment at Dhaka’s Combined Military Hospital. He took oath as an MP and was later made a special envoy of the prime minister.