Moinul Hoque Chowdhury
bdnews24.com correspondent
Dhaka, Aug 27 (bdnews24.com)--Ruling Awami League MP for Jhenaidah-3 Shafiqul Azam Khan will be asked to explain why he would not be stripped of parliament membership for running election while holding a public office of profit, the Election Commission chief says.
"We are considering serving a show-cause notice on him," ATM Shamsul Huda told bdnews24.com on Thursday.
However, officials at the EC Secretariat said the commission at a meeting on Sunday decided to serve the notice on Khan on Aug 30.
Khan would have 10 days on receiving the notice to explain why he should not be declared ineligible and a gazette published declaring cancellation of his membership in parliament.
Despite holding a profitable post as Moheshpur municipality mayor, Khan was elected as MP in ninth general elections on Dec 29 last year. He still holds the mayoral office.
Article 12 (1) C of the Representation of the People Order (amended) 1972 says "a person shall be disqualified for election as or for being a member of parliament if the person is "holding any office of profit in the service of the republic or of a statutory public authority".
Election commissioner M Sakhawat Hossain said, "Not only will any specific one be brought under legal steps, but also others concerned on charge of violating the Representation of People's Order."
However, people leaving their offices of profit in the service of republic or of a statutory public authority can run.
Khan, Jatiya Party's MP for reserved seats Nasrin Jahan Ratna , also Bakerganj municipality mayor, and independent MP for Narail-1 and Kalia municipality mayor Mohammad Kabirul Haque were elected in the last general elections.
Independent candidate Sajjatuz Jumma appealed to the Election Commission after the returning officer accepted Khan's papers. Jumma has also appealed to the speaker for the cancellation of the member of parliament.
The EC believes Khan is ineligible in line with the electoral laws and the High Court orders on Dec 4, 2008 that barred mayors from running for parliament for being in the public office of profit, officials said.
Dhaka mayor Sadeque Hossain Khoka had filed the petition against the electoral provision.
Several city and municipal mayors then took the advantage and contested the elections.
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