Controversy over presidential election ‘unnecessary’: CEC

It is "unnecessary" to create any controversy over the presidential election, Chief Election Commissioner (CEC) Kazi Habibul Awal stated on Wednesday, turning down questions about the legality of Md Shahabuddin's holding office as president.

On 13 February, the CEC declared Awami League-backed Md Shahabuddin, a former commissioner of the Anti-Corruption Commission, elected president unopposed as he was the lone candidate for the office.

At an emergency press conference at the Election Commission, the CEC went on to explain, "A question has arisen about the legality of the candidate. It is true that Section 9 of the ACC Act provides that no commissioner shall be eligible for appointment to any profitable post in the republic after retirement. In light of this, the matter must be considered. For this reason, many people want to say that the post of president is profitable."

"Md Shahabuddin was elected to be the next president. We did not recruit anyone for the post, which would definitely be illegal. Neither do we nor anyone possesses the authority to do so. We must understand the difference between an election and an appointment," he added. 

Kazi Habibul Awal said a writ petition was filed in 1996 when retired chief justice Shahabuddin Ahmed was elected president. 

"There was a detailed discussion on the petition where it was clearly stated that Shahabuddin Ahmad's presidential election was completely legal. There was no illegality about it. In discussion, the court said that even though this post is an office of profit, he is not an employee of the republic," he said.

"We are not going into that question as the High Court has given a final judgment about a retired chief justice. The same will apply to a retired commissioner. Therefore, Md Shahabuddin's election as president is not illegal. From that point of view, I think it would be neither necessary nor expedient to create confusion on this question by providing different opinions," he further said. 

The CEC stated that because there was only one candidate, he, as the returning officer, had thoroughly considered and determined that there was no disqualification related to Shahabuddin's election to the office of president. 

"Therefore, I would like to inform people that any unwarranted controversy on the question of the supreme person of the state would be undesirable," he added. 

He also said that there is no definition of "profitable position" in the Constitution.

"I admit that if an explanation had been given, this question might not have been raised," he added.