The New Nation - Internet Edition

Staff Reporter

The Election Commission yesterday sent letter to BNP Acting Secretary General Maj (retd) Hafizuddin Ahmed inviting the reformist faction of BNP to sit for dialogue on electoral reforms, ending all speculations.

The development pushed the anti-reform faction led by BNP Secretary General Khandaker Delwar Hossain, who was appointed by its Chairperson Begum Khaleda Zia immediately before her arrest on September 3 removing Secretary General Abdul Mannan Bhuiyan, on the sidelines.

The Election Commission (EC) sent the letter to Major Hafiz following decision of a meeting Commission earlier in the day. Chief Election Commissioner (CEC) Dr ATM Shamsul Huda presided over the meeting attended by Election Commissioners Brig Gen (retd) Shakhawat Hossain and Sohul Hossain. The Election Commission resolved that BNP Secretary General Abdul Mannan Bhuiyan was deprived of 'natural justice' since he was sacked without giving a personal hearing, which he deserves as per the party constitution.

EC Secretary M Humayun Kabir disclosed this yesterday afternoon at a press conference at the EC Secretariat.

In a written statement on behalf of the EC, he said, "The Commission has unanimously decided to send invitation letter to BNP Acting Secretary General Hafizuddin Ahmad, Beer Bikram, to join the dialogue scheduled for November 22,"

"The Commission thinks that the decisions taken by the BNP National Standing Committee on October 31 is appropriate after examining the party constitution," he added.

CEC Dr ATM Shamusl Huda earlier said the Commission would take a decision as to which faction of the BNP it would invite to the dialogue after examining the party constitution.

Accepting the letter, Major Hafiz told journalists that they would participate in the EC's dialogue on November 22 and extend all necessary cooperation to the EC for holding a free, fair and credible elections and electoral reforms.

Meanwhile, pro-Khandaker Delwar acting office secretary of the BNP Rizvee Ahmed yesterday claimed, "Party Chairperson Begum Zia in a message through her legal counsel Advocate Shamusr Rahman Shimul Biswas said Khandaker Delwar Hossain is the legal Secretary General of the BNP."

In a related development, BNP Acting Chairman M Saifur Rahman last evening thanked the EC for inviting party Acting Secretary General Major Hafiz to the dialogue on electoral reform.

Briefing journalists at his Gulshan residence, the former Finance Minister said the BNP would take preparation for contesting the upcoming general election and work for the progress of the country unitedly sinking all differences.

"Begum Zia is our leader and there should not be any confusion about it. We want that all our leaders and workers would work together for the coming elections," said Saifur Rahman, who presided over the October 31 meeting of the BNP National Standing Committee.

BNP Standing Committee Dr RA Ghani, who was present at the October 31 meeting that appointed Major Hafiz as Acting Secretary General, yesterday said that meeting and its decision was not valid, as its was not convened by the party Chairperson.

The statement of the Election Commission said the EC received letters from the two factions of the BNP and added saying, "In the light of the provisions of the party constitution, the Election Commission 'intensively reviewed' all the letters and the enclosed documents received from the rivals (groups) in the party."

Citing the BNP declaration and 5(c) provision of its constitution (amended till November 30, 1995), the statement also reads: "In case of necessity, if the Standing Committee meeting can not be called, the party Chairperson, if thinks punishable, can take any punitive step immediately against any member and can also withdraw previously taken punitive step under his or her jurisdiction."

"But, the approval of the National Standing Committee would have to be taken in all cases as soon as possible. The Chairperson or the Standing Committee, if thinks fit, can give the alleged person an opportunity of personal hearing prior to taking the punitive step," the provision goes on.

However, the EC said it was visible that the party Chairperson had considered only one side of the provision while taking her decision.

"Under the same provision, the rule of giving the alleged person an opportunity of personal hearing was ignored in this case. In this process, the Commission thinks, Abdul Mannan Bhuiyan was deprived 'natural justice' that he deserved as per the Constitution," the EC observed.

"Though the above-mentioned provision was ignored, the Commission thinks that following the section, which says, ' the approval of the National Standing Committee shall have to be taken in all cases as soon as possible' is inevitable to ensure such kind of punitive step," the EC statement pointed out.

The EC also observed that it thinks that the aforesaid obligatory provision was apparently followed in the BNP Standing Committee meeting held on October 31.

It also pointed out that among the living 14 members of the Standing Committee, three are currently in confinement and two did not join the meeting. The meeting was attended by a total of seven members, which "fulfilled the quorum".