Can the top bureaucrat in talks be the next president?
According to sub-article 4(b), a person shall not be qualified for election as President if he is not qualified for election as a member of Parliament.
A top bureaucrat now on a contractual appointment has been in talks on social and legacy media to be tipped off as the next president in case Shahabuddin resigns, as hinted in media reports.
Now the question is, even if the ruling BNP picks the said senior bureaucrat as its presidential candidate, can he be qualified for the election?
The country's constitution and the Representation of the People Order (RPO) answer this question without any ambiguity.
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Article 48 of the constitution defines the qualification and disqualification of a presidential candidate.
According to sub-article 4(b), a person shall not be qualified for election as President if he is not qualified for election as a member of Parliament.
Does the said bureaucrat qualify for being elected as an MP?
RPO's Section 12(h) says 'no.' It reads: a person shall be disqualified for election as or for being a member if he has been appointed on contract to the service of the Republic or of any statutory public authority or of the defence service immediately after his retirement from such service, unless a period of three years has elapsed since the expiry or termination of such contract.
The person in question is still on contractual service.
Even if he resigned or retired, still three years have to elapse for him to qualify to become an elected MP. Section 12 (f) says a person shall be disqualified for election as or for being, a member, if he 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.
Therefore, even if the candidate is highly favoured by the ruling party for the presidency, he needs to wait three years since the end of the contractual appointment.
Then who will be BNP's nominee for the presidential election in case Shahabuddin finally resigns?
Media reports suggest some of the party's senior leaders like Mirza Fakhrul Islam Alamgir, Khandaker Mosharraf Hossain and Dr Abdul Moyeen Khan as the next man in Bangabhaban.
Or is there any surprise waiting?
In 2002, after the resignation of Dr AQM Badruddoza Chowdhury, also a party stalwart from the presidency, the then BNP picked Prof Iajuddin Ahmed for the post—a surprise pick by the then BNP government led by Khaleda Zia.
In a similar fashion, the choice of Shahabuddin as the president by the past Awami League government led by Sheikh Hasina in April 2023 was more than a surprise when big names in the ruling party were in talks as suitable candidates to replace Abdul Hamid.
What the Constitution says
The Constitution lays out a clear process if President Shahabuddin steps down from office.
Under Article 50(3) of the Constitution, the president can resign by sending a signed letter to the Speaker of Parliament.
Article 54 states that the Speaker will take charge as acting president if the presidential office becomes vacant or if the president cannot perform duties due to absence, illness or any other reason. The Speaker will continue in the role until a new president takes office.
Article 123 requires authorities to elect a new president within 90 days if the post falls vacant due to resignation, death or removal. Members of Parliament elect the president through voting.
As the ruling BNP holds a majority in Parliament, a candidate nominated by the party is expected to secure the presidency.
