The New Nation - Internet Edition

Staff Reporter

The Election Commission letter inviting the BNP standing committee nominated acting secretary general Maj (Retd) Hafizuddin Ahmed at electoral reform dialogue on November 22 was stayed by the High Court for four weeks after detained party chairperson Khaleda Zia filed a writ challenging the EC decision.

Issuing the stay order, the HC issued a rule upon the EC and other respondents to explain why the impugned letter to Maj (Retd) Hafizuddin Ahmed "should not be declared unlawful." The division bench, comprising Justice Nazmun Ara Sultana and Justice Mohammad Abu Tarique passed the order after hearing a writ petition filed by the detained BNP chairperson and former prime minister Khaleda Zia challenging the validity of the EC's invitation letter to her party dissidents.

"The rule is made returnable in three weeks," says the court order.

The other respondents are CEC Dr ATM Shamsul Huda, Election Commissioners Brig Gen (Retd) M Sakhawat Hossain and Sohul Hossain, Secretary to the Election Commission, Principal Secretary to the Chief Adviser and Maj (Retd) Hafizuddin Ahmed and the BNP

standing-committee members who changed the party leadership.

On November 5, the EC sent a letter to Maj (Retd) Hafiz, the BNP standing committee-nominated acting secretary general, to participate in the dialogue on electoral reforms instead of Khaleda-appointed BNP secretary general Khandaker Delwar Hossain.

However, BNP standing committee nominated acting secretary general Maj (Retd) Hafiz told newsmen yesterday that they would file an appeal against the HC stay order to the Supreme Court soon.

The EC took the decision on the plea of 'doctrine of necessity' in the wake of a tug-of-war between the two squabbling groups.

On October 29, an impromptu meeting of the BNP standing committee declared M Saifur Rahman and Maj (Retd) Hafizudin Ahmed acting chairperson and acting secretary general of the party.

The High Court orders came as the counsel for Khaleda Zia during hearing agreed to incorporate Maj Hafiz and BNP standing-committee members as respondents in the writ petition, which apparently made divisions in the party visible as Hafiz will have to defend in court their move against party chair's challenge.

Moving the petition, TH Khan, counsel for Khaleda Zia, termed the EC decision as "mala fide" and "without jurisdiction" recognising

Saifur-Hafiz faction as mainstream BNP for its proposed dialogue on electoral reforms.

He also pleaded to the High Court bench to stay the EC's letter sent to Maj (Retd) Hafiz on November 5.

Interpreting the BNP constitution, Khan, who is a BNP vice-chairman, submitted that the BNP chairperson, the only elected person in the party portfolio, has the "exclusive authority and power to hire and fire anybody of the party."

TH Khan said minimum six members of the standing committee were ought to be present at the meeting according to the party constitution. "But, only six members were present at the standing committee meeting," he said. "Moreover, they mentioned that Abdul Mannan Bhuiyan was present as a standing committee member. But, he was expelled from the party by the elected party chief."

He said if there is a permanent secretary general present, there is no scope of appointing an acting secretary general.

On the other hand, the attorney on behalf of the state argued that inviting one faction of BNP to the reforms dialogue did not mean that other faction would not be invited.

On September 2, Khaleda Zia, in exercising her authority, expelled secretary general Abdul Mannan Bhuiyan from the party and appointed Khandaker Delwar Hossain secretary general, the senior lawyer said.

Terming "illegal" the elevation of Maj Hafiz to acting BNP secretary general, Khan submitted that "none other than party chairperson can convene the meeting of the standing committee, the highest policymaking body".