EC formation: Experts for sending proposed names to JS business advisory body

Election experts and rights activists have called upon the government to send the names proposed for chief election commissioner and election commissioners, selected by the search committee, to the parliamentary business advisory committee for better transparency.

They also noted that political consensus and transparency is necessary in the process of forming the election commission, which would help build people's confidence. They suggested not making any hurried step in the process of forming the EC, as global practice is to involve political parties in the process, which may take four or five months.

Their suggestions came at a webinar on the proposed EC formation law.

Sushashoner Jonno Nagorik (Sujon) or Citizens for Good Governance organised the discussion on Wednesday. 

Former election commissioner Brig Gen (retd) Sakhawat Hossain suggested involving political parties and parliament in the EC formation process. As per the constitution, the president cannot take any decision without the advice of the prime minister. So the names selected by the search committee will go to the PM, he added.

"If those names are sent to the business advisory committee of parliament, there will be representation of the PM, opposition leaders, and other big parties. This will create an opportunity to disclose names  which people will know, as well as the PMs' opinion, and political consensus will be formed," he said.

Former Chief Election Commissioner ATM Shamsul Huda said any law will fail if there is mistrust in any step in its enactment.

He suggested delegating to the election commission the responsibility of working as the secretariat of the search committee instead of the cabinet division, as proposed in the draft law.

The EC is an independent institution while the cabinet division is under the government and controlled by politicians. 

He also recommended being stricter about the eligibility and non-eligibility of the CEC and commissioners.

In his keynote presentation, Sujon secretary Badiul Alam Majumder said the draft law is almost the same as the 2017 circular on EC formation.

There is no reason for enacting a law to do an EC search, said Badiul. Rather, he suggested this would lead to lack of transparency and the search committee would be formed with people loyal to, and beneficiary of, the government.  

He recommended keeping in the search committee, representatives from the ruling party, the main opposition party, and the third largest party.

He also suggested disclosing the names selected by the search committee, and to have non-political persons in the EC.