[ALOCHONA] Election rules towards revealing candidate qualifications

Dear Alochoks:

The Election Commission is moving towards implementing rules that would require candidates for parliament to disclose "academic qualification, profession, source of income and criminal records (if any)." What a great way to ensure that fools and corrupt do not have an easy path to Sanshad Bhaban.

Interestingly the previous government was against implementing such rules as it would have forced Khaleda and many others to reveal their qualifications or lack thereof. It is just amazing how terrible BNP was for the nation - it gets worse the deeper you look.

You can read about this story in greater detail in the below news item from the Daily Star.

- M. Raheem
New York

EC moves to make personal info public Starts negotiating for quick disposal of an SC stay order blocking the provision Julfikar Ali Manik The Election Commission (EC) is working towards quick disposal of the appeal pending at the Supreme Court (SC) against the High Court (HC) order for it to collect and publish certain personal information about the election candidates. It has made the move as it looks to incorporate in its electoral rules a provision requiring it to make public the academic qualification, profession, source of income and criminal records (if any) of the aspirants to parliament. The draft proposals of the EC for electoral rules and reforms already contain a section to that effect. The rationale for the initiative is to help voters choose their representatives properly. But if the apex court's stay order remains in effect against the appeal, the commission will not be able to translate the proposal into a rule, said EC sources. Before leaving the country on a personal tour, Chief Election Commissioner ATM Shamsul Huda Tuesday told The Daily Star, "I've already pursued the matter with the Attorney General's Office. If needed I'll request the Chief Justice's Office to expedite the proceedings so that the appeal is disposed of as soon as possible." Additional Attorney General Salahuddin Ahmed last night told The Daily Star, "We will obviously move if the Election Commission wants us to work for a quick resolution." The HC passed the order on May 24, 2005 in response to a writ petition filed as a public interest litigation by three lawyers. Earlier on April 23, the day the petition was filed, it issued a rule on the EC. Interestingly, now the commission itself is eager to fit the HC directives in its rules whereas the previous commission led by Justice MA Aziz had asked the returning officers to stop compiling personal details of the contestants as soon as the SC pronounced its decision staying the HC order. Aziz who stepped down as the poll chief in the face of huge public clamour for his resignation did not bother to wait for the SC order's copy to reach the commission. Previously, the same EC had delayed implementation of the HC directives on the voter list for several weeks on the grounds that it did not receive the copy of the order. The HC judgment that had been greeted with popular acclamation was invalidated by the SC decision on December 19. The stay order came following a controversial move by a group of BNP-Jamaat-led alliance leaders and lawyers including former law minister Moudud Ahmed. The SC gave its decision without hearing any submission from the petitioners--Abdul Momen Chowdhury, KM Zabir and Zahurul Islam. Barrister Azmalul Hossain assisted by barrister Omar Sadat moved the appeal filed by Abu Safa of Swandip last year. The lawyers for Safa said he attended school till class eight and still he wanted to participate in election as a social worker. But he feared he might face some kind of discrimination in the election if his educational qualification is published. And that is why he had decided to challenge the HC order. However, lawyers and rights activists found out that he was not settled in Swandip and he did not file any nomination for the election that was slated for January 22. The petition filed by the three lawyers said the EC should make sure that the candidates cannot cheat the voters by their rhetoric. The constituents must be given access to personal information about the candidates so they could make the right choice. It continued, "The members of the legislature must have qualification and suitability, but the people have seen members in the legislature who are not at all fit to be there." "Evil-doers having evil motive should be prevented from coming to the legislature," it added. Sources said one of the reasons for taking out the SC stay was to prevent the HC order being carried out since in that case a top BNP leader's educational background that has long been a topic of speculation would come out in the open. INFORMATION TO BE GLEANED The HC order asks the EC to gather information about candidate's academic qualification (to be supported by certificates), and whether they are accused in any criminal cases at present or whether there were any criminal records in the past. It says the candidates would be obliged to come up with details about their profession and sources of income. They must inform the EC whether they had been a member of parliament before and the role they played individually and collectively in fulfilling the commitment to the people. Assets and liabilities of the candidates and their dependants should also be reported. Besides, the EC would obtain information about the amount of loans taken from bank and financial institutions (personally, jointly or by dependent of the candidate) or loans taken from bank by the company where the candidate is the chairman or director.

 

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