Shouldnï¿½t the CEC Resign ? (Part 2) Ajoy Roy

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Shouldnï¿½t the CEC Resign ? (Part 3)

Ajoy Roy

Published on May 03, 2009

Continued from Part-2 ...

Fake Voters, how they got enlisted ?

From our foregoing analysis, it has become apparently clear that voter-list (draft) contained a large number of unknown voters. At the same time quite a significant numbers of newly eligible voters were included, and many old voters were dropped although they their eligibility was not lost. Our estimation gives that in no case number of voters in 2006 should exceed 71 millions as against Azizian magic number 91 millions. The fake voters then turn out to be ~ 20 millions. According to a report of a leading Bangla daily, Pratham Alo (06. 05. 06) number of fake voters might be around 15 millions. The report further said that number of genuine voters dropped out from the list might around 400,000. The figure could be still large. On the basis of the report the number of voters would be 76.5 millions adding about 50,000 dropped voters. The figure is not very far from our estimated one. We raised the question how this large number of unknown voters (20 ï¿½ 15 millions) got enlisted without the knowledge and cooperation of the election commission? The full responsibility lies on the shoulder of the CEC. The CEC once said that he and his office is a mere post box, indicating that the commission is not an independent body, but is controlled by an ï¿½out side Postmaster Generalï¿½. How silly the comment is? It is alleged by different sectors that in making this list the election commission might have adopted the following mechanism, which was cleverly and intelligently devised by the CEC and his collaborators at the instance of 4-party alliance as a whole with the logistic support from the government and its obedient bureaucracy:

1. Appointment of large number of field workers who mostly belonged to Pro-Jamat and Pro-BNP elements including members of BNP-Jamatï¿½ two student fronts.

2. A large number of low-level officials to supervise the workersï¿½ data & report also belonged to Pro-alliance elements.

3. The cooperation received by the district and sub-district administrative officials.

4. The governmentï¿½s directive to make the voter list keeping in mind of their sure victory in the coming election.

5. The faithful plan of governmentï¿½s desire and its execution by the election commission to this effect.

6. Oppositionsï¿½ failure to make a total movement to null the plan of the EC and to monitor the working process of enlisting the electoral roll. They only warmed up the streets but did not employ their large number volunteers at the field level no counteract the ECï¿½s plan.

The plan also envisaged that minority voters in general, and especially in the minority dominated zones, must be cut to size so that theses so called vote-bank of AL cannot influence the election result in favour of opposition AL and its allies. The Pratham Alo report said that these dropped out voters (40/50 lakhs) are distributed in locality of Chittagong, Khulna, and Rajshahi, even Dhaka. Who were those unfortunate voters ? The Pratham Alo provided the answer through its editorial (12. 05. 06) saying these voters were of minority communities, people either not supporting the pro government allied political parties and or people supporting the opposition parties. We may add to another elements who outspokenly, directly or indirectly believes in secular society and secular state system. As we pointed out in the part 1 of the article that our own analysis and reports published in national dailies some facts of about fake voters. We reproduce those facts for ready reference.

An analysis of the published list reveals that this is an excellent piece of manipulation done very cleverly and skillfully.

Not less than 1.5 crores (15 millions) fake voters have been included in the list.
Not less than 65 lakhs (650 thousands) of genuine voters have been dropped.
In more than 76 constituencies an unnatural increase of voters have been noted.
In some areas, (e.g. Bogra, Sayidpur.. ..) many local genuine voters were not left out, however, most of the interned Pakistani citizens (known as Beharis) were made voters. In two localities Dhunat and Sariakandi (within the district of Bogra), a large number of voters from not less than 17 non-existent villages have been recorded. In Dhunat area the voters exceeded the total population by 1,200.
The Rohingyas, refugees from neighbouring Myanmar, now temporally living in Coxï¿½s Bazar were enlisted as voters (numbering not less than 1 lakh);
A large section of minority voters were left out of the list in largely minority-dominated constituencies.

The above instances are provided only for citing some examples. The pattern followed everywhere. In Gazipur district the position of opposition has been traditionally very strong. In order to unbalance it with a view to occupy the constituencies the planner increased the voters by 35% to ensure the victory of BNP or BNP backed Islamite candidates. But the real bombshell came from Mr. Maudud Ahmed, our clever law minister. Recently while visiting his own constituency alleged that rigging of voter list happened alleging the number as high as 4,000 plus in many areas duplication of name also took place. He however added hurriedly saying those ï¿½mistakesï¿½ could be rectified assuring that he would inform the CEC. To this our spineless CEC remarked that he had heard the remark of the law minister, bit the commission did not receive any written allegation from the minister. It has been alleged that in Kompaniganj Upazila in the district of Noakhali as many as 400 fake voters were enlisted by the supervisor himself. Three information collecting workers brought this allegation to the UNO who has fixed up a date of hearing.

The story of Agargaon

It is an interesting story that provides us yet another example how the EC executed its plan to include non-existing persons in the list. One Mr. Aminul Haque, a freedom fighter and an assistant head master of Sher e Bangla Government High School got an appointment by the EC to act as an assistant registration officer (ARO) in the ward 41 of Paschim Agargaon, Dhaka. His gas the authority to appoint local workers for information collection in a prescribed form for enlisting would be voters. In the meanwhile one Mr. Atiqul Islam after obtaining an appointment as information collecting worker made a list of 900 voters within ward 41, the jurisdiction of said Mr. Aminul Haque. When he went to Mr. Haque, the local assistant registration to deliver the list for enlisting these 900 votes in the voter list, the ARO refused to accept the list on the plea that he did not know Mr. Islam as he had not appointed him for the job in his ward. Being refused, Mr. Islam went to election officer Mrs. Afroza Khanam of the area of Muhammadpur police station, who in turn gave written directives to Mr. Aminul Haque to take the list of 900 persons from Atiqul asking ARO to include these names in the draft voter list as Mr. Islam was directly appointed by EC. The concerned ARO kept the list but not complying with the order of the EO of Muhammadpur on the ground that listed persons are not inhabitants of the locality. The Dhaka district election officer 3, Mr. Shamsul Alam on April 2, issued a directive to the ARO to enlisting those 900 names in the list collected by Atiqul Islam. Once again the ARO refused the order, and made the event public through saying that the high officials for inclusion of 900 fake voters were subjecting him to pressure. The matter created sensation. The election commission asked the ARO to return the list of 900 to the election commissionï¿½s office. But he stubbornly resisted apprehending those names might be included in the list from top or might be tampered. But he was harassed and even threatened from different corners. Courageous Mr. Haque instead of surrendering to the pressure of CEC, sought the protection of the HC by filing a writ petition to the bench on May 21, 2006. The petitioner sought the permission of the bench to submit the alleged 900 fake voters to the HC and prayed for his personal protection. The petitioner in brief narrated that EC issued a letter on May 18, 2006 asking him to appoint one Atiqul Islam, a known BNP leader in the locality as an information collector with back date. The letter further asked the ARO to enlist 900 voters prepared by Mr. Islam. The inquiry committee formed by the EC to look into the matter is in fact designed to punish him (ARO), Mr. Haque said in his petition. The HC bench constituted of Justice MA Matin and ATM Fazle Bari issued an order to IGP Abdul Qayum to collect the list of 900 voters and submit to the court immediately. The bench further issued an order not to arrest or harass the petitioner ARO Aminul Haque except on specific charge. The HC issued there rules to the Government and the EC to the effect why (1) instruction of EC to appoint Atiqul Islam from back date and (2) constitution of inquiry committee against ARO would not be declared illegal and unlawful. The HC set the time limit to reply was three weeks.

May

According to our constitution the EC, being a constitutional body, cannot flout or bypass the verdict of the HC and its directives, rather it is constitutionally bound to give effect of the HC verdict immediately. The article 112 of our constitution says, ï¿½All authorities executive and judicial in the Republic shall act in aid of the Supreme Court.ï¿½

In the meanwhile Mr. Abdul Jalil on behalf of AL filed yet another petition to the High Court bringing in charge of contempt of court against the CEC and his two colleagues and acting secretary of the EC secretariat (Muhammad Zakaria) because they flouted the HC verdict by refusing to act as per directives of the HC. The HC accepted the petition and issued rule on the defendants on May 22.

The Supreme Court Slapped the CEC

The much-awaited verdict on the appeal petition made by CEC and his two colleagues challenging (December 1,2005) the verdict of the High Court division bench given on January 4, 2006 was pronounced by the appellate division of the Supreme Court. Before the judgment was declared the SC bench heard the two sides of the contesting parties through their renowned advocates for 5 days. The verdict of the Supreme Court full bench headed by chief justice Syed IR Mudassir Hossain rejected CECï¿½s ï¿½leave to appealï¿½, thus upholding the HC verdict of January 4. In the historic judgment, the highest court of the country said the petition of the CEC is dismissed ï¿½with modification on the findings and observations given by the High Court division in the impugned judgment and order.ï¿½ Once more the apex court upheld the spirit of the constitution and aspiration of the people. In addition to this the SC verdict further directed the CEC to prepare the electoral roll on the basis of the present list strictly following section 7(6) of the electoral rolls Ordinance 1982. The SC said, ï¿½If there is a computerized data base, the commission should make the best use of it and if not, a computerized electoral roll with database should always be maintained to avoid further controversy, costs and labour.ï¿½ This directive of the SC not only strengthen the previous HC verdict, it added a new dimension. The team of lawyers headed by Dr. Kamal Hossain consisting of Barrister Rokanuddin Mahmud and Barrister Amirul Islam moved for the petitioners. On the other hand advocate TII Khan and BNP lawmaker Advocate Khondker Mahbubuddin Ahmed mover for the CEC. After the judgment, Dr. Hossain expressed his reaction to the journalists in the following language,

ï¿½The SC has not only upheld the HC judgment but also made it stronger. The draft voter list the EC published on May 3 is not legal. Those who made this serious mistake should step down from their positions. The CEC and the commissioners should ask their conscience if they can hold their positions even after such mistakes.ï¿½

Barrister Rokanuddin Ahmed and Barrister Amirul Islam expressed the same opinion adding that on the basis of such fake and illegal electoral rolls no election could be held. Advocate TII Khan and Advocate Khondker Mahbubuddin Ahmed declined to make any comment. Erstwhile EC Mr. AK Mohammad Ali commenting on the SC verdict said, ï¿½it is an epoch making judgment. But the chief heroes of the ï¿½Fake Electoral Rollï¿½ the CEC and his two colleagues kept mum and refused to see the journalists. But on their behalf some low level officials told the journalists that as soon as the verdict of the SC arrive the next step of action would be undertaken as per the verdict.

Even after the slap he received the faceless CEC continued to hold his office with his colleagues against the general public sentiment and oppositionsï¿½ demand ï¿½to step down immediatelyï¿½. But the CEC is holding on the plea that the verdict of the Supreme Court has not arrived, though he expressed his desire to obey the verdict toto to the USA Ambassador.

The chief opposition AL and its 11 party alliances demanded CECï¿½s resignation immediately and categorically said that under the present set up the EC they would not take part in the election. Even the law minister Mr. Madud seemed to be got annoyed with strange behaviour of the CEC. He said there is no scope but give effect of the HC verdict following what the SC said on the issue. He however said whether the CEC would resign or not entirely his matter, ï¿½I cannot ask him to do so.ï¿½ Mr. Mannan Bhuiyan commented, ï¿½it is up to him whether the CEC would resign or not. There is enough time make an up to date list. It is not a serious matter.ï¿½

Who will be responsible for spending at least 600 millions of Taka for this futile exercise from the public money ? The CEC must come straight with a straight answer. If he tries again to do hanky panky with the public money he will invite more troubles for him as well as for the country. This man, called himself a justice already ruined the reputation of the most respectable body the election commission. The huge amount in fact went down the drain for CECï¿½s arrogance not to obey the HC verdict but to go ahead with his plan to make a fresh list of voters for the ensuing election. To do the job the commission had employed over three lakh strong manpower through the country. It is learnt that remuneration to be paid to them is over due. These workers, mostly BNP and Jamat cadres, are now suffering from uncertainty. It is alleged that to make a fresh votersï¿½ list the EC submitted a budget over around 1500 millions taka in August last year to the finance ministry, but being asked to cut it short it submitted a fresh estimation of Tk 1200 millions. The ministry released a sum of Tk 600 millions in the first phase. The EC source said that the EC secretariat had spent most of the sum for printing huge number of manuals, voter register forms and for training programme of the officials and field workers. A sum of Tk 270 millions were allocated for remuneration of 2,16,722 enumerators and 55,684 supervisors. Another Tk 270 millions would be needed for the full payment. Where from this money would come after the SC verdict ? ï¿½ a one thousand dollar question.

The EC through its acting secretary declared in a press conference that it had spent Tk 370 millions in connection with fresh voter list. They disclosed it as the finance ministry asked the commission to return the unspent money with detail account by the end of the fiscal year. Out of this Tk 370 millions, Tk 100 millions have been spent on various heads, and Tk 270 millions kept for remuneration of the persons associated with the job. The EC secretariat has now Tk 230 millions unspent. Whether this balance sheet would be acceptable to the finance ministry and the auditor general is any bodyï¿½s guess. But the expenditure of such a huge amount without moral ground has shaken the CEC and his secretariat. CEC is now at the mercy of the government, especially of the PM Begum Khaleda.

Pic: Biswa behaha Ershad bowing down to the CEC Aziz, the greater Biswa behaha

In the meanwhile the 14 party opposition alliance threatened that they would file a corruption case against the CEC and his team for spending a huge amount of public money for making fake voter list defying the HC verdict and instructions.

Many had expected that any man in his place having little respect would have resigned and publicly apologize for his mistake. Dr. Kamal Hossain also expected him to do so if he had some conscience. But this is what the CEC Mr. MA Aziz is devoid of. If Khaleda wants him to go he would, but perhaps Khaleda still needs him. So the CEC hangs on despite countrywide demand for his resignation.

Prof. Ajoy K. Roy, is a reputed scientist and human rights activist from Bangladesh.

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