Can local govt representatives contest while holding office?

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Emran Hossain Shaikh
Published : 00:27, Nov 19, 2018 | Updated : 00:43, Nov 19, 2018

The 11th Parliamentary Election is scheduled to be held on Dec 30, 2018. FILE PHOTOConfusions have arisen over elected representatives of local government contesting in the parliamentary election while holding office.
Election Commission (EC) officials failed to come up with an explanation when returning officers raised the issue in a recent meeting, which prompted the EC Secretariat to seek explanation from the Commissioners.
However, a High Court ruling has barred city corporation mayors from running as MPs while being in office, but it did not address the issue of other elected local government representatives.
The current parliament has several members who were elected while holding offices in Union Parishads, Upazila councils and municipalities.
In some cases, the returning officers scrapped such nominations, when some pulled out from the race while others stayed after stepping down. Some also moved the High Court to secure a verdict in favour of them.
On Nov 13, during an EC-organised training workshop in Dhaka, returning officers raised the issue of elected local government representatives as well as teachers and employee of educational institutions covered by the government’s MPO scheme, university teachers and some other criteria.
EC officials somewhat addressed the issues of teachers, but failed to provide an explanation on elected representatives assuring that it will be available soon, which is yet to happen.
“We raised the matter, but the Commission did not give an explanation immediately and said that it will be addressed later, but that’s yet to happen,” Tangail Deputy Commissioner Shahidul Islam told Bangla Tribune.
Deputy commissioners, who are in charge of the district administrations, serve as the returning officers during elections.
WHAT DOES THE RPO SAY?
According to Section 12 of the Representation of the People’s Order (RPO), a person shall be disqualified for election if (s)he is “holding any office of profit in the service of the Republic or of a statutory public authority.”
The same provision also bars an individual who “has resigned or retired from the service of the Republic or of any statutory public authority or of the defence service, unless a period of three years has elapsed since the date of his resignation or retirement”.
In case of dismissal, removal or compulsory retirement, five years has to be elapsed before a person can contest, the law stipulates.
PREVIOUS INSTANCES
The previous Election Commissions’ decisions to address the issue have varied.
The Shamsul Huda-led Commission issued a circular barring elected local government representative from running as MP, which was challenged in the court.
The then mayors of Dhaka, Chattogram and Sylhet — BNP’s Sadeque Hossain Khoka and Awami League’s Mahiuddin Chowdhury and Badruddin Ahmed Kamran moved the High Court but failed to secure a verdict in their favour.
However, when municipality chairmen in Thakurgaon, Tangail and Jhenaidah’s Maheshpur challenged the same EC order, the court stayed it until the matter was resolved.
The chairmen did not continue with the litigation later as the five-year term expired.
NOW WHAT?
Citing government vehicle and allowance as office of profit, EC officials say that Upazila Council chairmen cannot contest the election while holding office.
However, at least three MPs in the 10th Parliament were elected while being Upazila Council chairman while another holding the office of Union Parishad chairman.
EC Secretary Helal Uddin Ahmed, however, says municipality chairman will be able to contest the election in line with the High Court’s order.
“But the law does not clearly address the issue of Upazila Council and Union Parishad chairmen — whether they can contest while in office or have to step down. We are going through the law to clear it and will notify the returning officers,” he told Bangla Tribune.
The Commission says that the law stipulates that any one holding office of profit will be disqualified.
“It also defines office of profit. The Commission will decide according to that,” Election Commissioner Rafiqul Islam told Bangla Tribune.
Responding to a query, he said, if the law says the local government is office of profit in the service of the Republic, then elected representatives will have to step down otherwise not.
“However, if someone challenges the Commission’s decision in court and secure a verdict in their favour, then we have nothing to do,” added Commissioner Islam.

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