The New Nation - Internet Edition

UNB, Dhaka

The Constitution has not been violated through not holding the general election within 90 days of the dissolution of parliament since there was precedence of a court order having stayed elections for 90 days, the Election Commission asserted.

Election Commissioners Sohul Hussain and Brig Gen (retd) Sakhawat Hussain came up with the observations Tuesday, two days after the High Court issued rule asking caretaker government authorities and the EC to explain why their action in not holding the election within the stipulated time should not be declared 'unlawful'.

The Election Commissioners said that, meanwhile, they are determined to hold upazila elections and finalise the draft reform proposals on electoral laws by March as per their election roadmap, no matter whether the stalled electoral dialogue with BNP takes place or not.

"The Constitution has not been violated… Even earlier the elections had been stayed for 90 days filing writ in the court… We'll hold the elections as per that court order," Sohul told reporters at Sakhawat' s office.

The last writ was filed on January 29, 2007, for not holding the elections within 90 days of the dissolution of parliament. The verdict, given on March 27, said the elections could be held only after preparing voter list, national or voter ID card in a new process, reforming the electoral laws and making the EC fully independent. The EC received the copy of the verdict in August 2007.

Asked if there was any fixed timeframe in the court order for holding the polls, Sohul replied in the negative.

He, who filed the current writ, is not updated on the earlier court verdict, Sakhawat said. The running writ argued that the reconstituted Election Commission had already flagrantly violated the Constitution through failing to hold the general election within 90 days from taking office.

"Why we'll be failed… The country's prevailing circumstances at that time will have to be considered… Based on which context the government has reconstituted the Election Commission will also have to be understood… It can't be said why the elections didn't take place within 90 days… The whole situation will have to be examined," Sohul said when asked if not holding the elections within 90 days could be construed as the EC's failure.

About the importance of holding dialogue with BNP, which is now pending due to a writ petition in the court, for finalizing the electoral laws, he said, "Dialogue is not necessary… We'll make the laws by March as per the election roadmap."

"It's depending on the court's decision whether we'll hold dialogue with BNP or not… We won't comment on it now," Sakhawat said when asked if the laws would be finalised without holding dialogue with the fractious immediate-past ruling party.

However, Sohul ruled out the speculation about holding dialogue with both the Saifur and Delwar-led factions of BNP, saying that they never said such thing.

About the government's decision to give the EC suoe moto powers to hold the upazila elections, Sohul said they are considering it as a responsibility rather than a power.

"We must hold the upazila elections," he said, while Sakhawat said that, if possible, national and upazila elections would be held on same day.

"It may take place before national elections, but there is less probability of holding after national elections," Sakhawat said, adding that holding elections of around 5,000 union parishads would not be possible by this time (within the timeframe of election roadmap).

But, he said, the elections of Dhaka, Rajshahi, Khulna, Barisal and Sylhet City Corporations would be held, as also for 18 municipalities whose tenures have already expired.