| Front Page Invitation to Hafiz Khaleda serves legal notice on EC Asks it to withdraw letter by 48 hours Staff Correspondent
Detained former prime minister Khaleda Zia yesterday served a legal notice on the Election Commission (EC) asking it to withdraw, rescind or cancel within 48 hours its letter inviting Maj (retd) Hafizuddin Ahmed of BNP for electoral reform talks.
The notice served through Khaleda's lawyer said if the EC fails to do so, he (lawyer) has instructions from her "to go for appropriate legal actions, if deemed necessary."
The EC on October 5 issued a letter inviting Hafizuddin as BNP representative for the November 22 dialogue with it on electoral reforms.
Khaleda's lawyer barrister Mohammad Nawshad Zamir, in the notice, alleged that the EC's letter was issued violating "the BNP constitution in a manner which is illegal, malafide and without lawful jurisdiction."
The legal notice has been served on the EC represented by the chief election commissioner and election commissioners, Chief Election Commissioner Dr ATM Shamsul Huda, election commissioners Brig Gen (retd) M Shakhawat Hossain and Sohul Hossain, the EC secretary and the state represented by the principal secretary to the chief adviser.
It said that according to BNP constitution, the chairperson is the only elected person in the party, and has the exclusive authority and power to expel or nominate anybody as secretary general of the party.
BNP Chairperson Khaleda Zia, exercising her power as per party constitution appointed Khandaker Delwar Hossain secretary general, expelling Abdul Mannan Bhuiyan from the party on September 2, a day before she was arrested in connection with Gatco graft case.
And the EC was informed of Khaleda's decision through letters from BNP's Office Secretary Rizvi Ahmed on September 5 and 24, the notice mentioned.
It also said that the letters also requested the EC to communicate with BNP's new Secretary General Khandaker Delwar for the proposed dialogue or any other matters concerning BNP. In the absence of the BNP chairperson, the secretary general is the only legitimate representative of the party for the dialogue, it stressed.
Despite this, hurried issuance of letter to Hafizuddin to represent BNP in the dialogue with the EC was intended to subvert the process of law, the notice said.
It mentioned that in defence of issuing letter to Hafizuddin, the EC has made the plea of doctrine of necessity, which is totally inappropriate and inapplicable in the present case.
The legal notice referred to a November 4 writ petition filed with the High Court (HC), which issued a rule on the EC and the government to show cause within two weeks as to why they should not be directed to invite the legitimate BNP officials for dialogue.
It pointed out that just a day after issuance of the HC rule, the EC dispatched a letter inviting Hafiz, acting secretary general appointed by a BNP standing committee meeting on October 29. | |