EC formation: Names of 10 should be disclosed for transparency, experts say

Eminent citizens have said proposed names of 10 people for the appointment of the chief election commissioner and four commissioners should be disclosed for the sake of transparency.

Nondisclosure of names before sending to the president is not consistence with the law, they said adding it will create doubt among the people.

The election commission is being constituted in accordance with the law for the first time in the country. Eligibility and ineligibility as a commissioner have been stated in the law. The law says the president will form a search committee to find eligible persons to fill up vacant posts of chief election commissioner and other commissioners.

The committee will recommend two persons against a vacant post. The president will give the final appointment from the recommended names.

Five posts of CEC and four commissioners fell vacant after the tenure of the the Huda-led election commission expired on 14 February. The search committee led by justice Obaidul Hassan is working to finalise 10 names. The search committee recently disclosed 322 names received from different parties, individuals and organisations.

But the committee has already said that the proposed names of 10 persons will not be disclosed.

Ahead of the formulation of the act for the formation of the election commission, different quarters demanded that a provision has to be kept in the act so that recommended names are disclosed before the formation of the election commission.

When the law was passed in Parliament in January, workers Party, a partner of Awami League-led 14-pary alliance, and BNP made a proposal to include this provision. But the proposal for the amendment was not accepted.

Now as per the law for the formation of the election commission, it is not mandatory to disclose names to be recommended to the president. But it is not said the names would not be disclosed. According to the law, the search committee will discharge its duties with 'transparency and neutrality'.

Regarding this, Shushashoner Jonno Nagorik (Shujan) secretary Badiul Alam Majumdar told Prothom Alo the search committee’s decision on not to reveal the name does not comply with the section 4(1) of the law. This section states the search committee will follow a policy of transparency and impartiality to carry out its duty.

He said if the search committee does not disclose the namee there would be no transparency because transparency implies nothing to hide. This section further states the search committee will recommend the names considering eligibility, ineligibility, experience, honesty and reputation as stated in the law.

Regarding what would be the standard of reputation, Badiul Alam Majumdar said in this case, what the people think about that person is very important. If the names are disclosed, people can give their opinion. If there is any controversy over anyone, debate should take place before his or her appointment.

When the appointment of the chief election commissioner and other election commissioners bill was placed in the parliament, Workers’ Party president Rashed Khan Menon proposed to incorporate the provisions on disclosing the names recommended by allowing people to give opinion.

BNP lawmaker Rumeen Farhan also made similar proposal. She proposed to include provision stating the names, recommended by the search committee, and affidavits on their qualifications and wealth statement should be made public and public hearing would be held on the names proposed.

Another BNP lawmaker Harunur Rashid proposed to incorporate provision on disclosing the bio data of those who will be recommended for the election commission. No proposal was accepted.

At a meeting of the search committee with the eminent persons, many also demanded that the names recommended by the committee are made public.

Shujan, at a press conference, proposed that the names recommended by the committee should be disclosed three days before placing the list to president.

The search committee did not pay heed to this proposal either.

Former election commissioner M Sakhawat Hossain told Prothom Alo if the names recommended by the search committee to the president are revealed, the process would be more transparent.

As per the law, it is not mandatory to disclose names to be recommended to the president. But it is also not said the names could not be disclosed.

The search committee will decide it and they said names would not be revealed. So, a doubt will persist among people, he added.

This report appeared in the online edition of Prothom Alo and has been rewritten in English by Rabiul Islam and Hasanul Banna