The Election Commission (EC) is one of the institutions that currently is in crisis following the fall of the Awami League (AL) government and the formation of the interim government headed by Dr Muhammad Yunus.
Four commissioners, including the chief election commissioner, who are in the driver's seat, are prepared to resign at any time.
However, they are waiting for the government's go-ahead in this regard.
They tried to meet the top brass of the government to know their position and next course of action. After getting no response in this regard, Chief Election Commissioner (CEC) Kazi Habibul Awal tried to convey their position to the government through writing a column in a national daily.
After the resignation of Sheikh Hasina on August 5, CEC Awal, Commissioner Brigadier General (Retd) Ahsan Habib, Md Alamgir, Begum Rashida Sultana were present at the EC office. Commissioner Anisur Rahman did not appear at work on the day.
Since then, the CEC and others have been holding office irregularly. However, they held an emergency meeting on August 12. It is known that they discussed the issue of their resignation in that meeting. A decision was also reached on contacting the Chief Adviser to the interim government. The CEC himself wanted to meet Dr Yunus. However, sources at the EC and the Chief Adviser's office said that no response was received from Dr Yunus’s office for the meeting despite various attempts made by the EC.
The day after the fall of the government on August 5, a banner was hung at the main entrance to the EC building in Agargaon demanding the resignation of the commissioners.
Of the commissioners, Ahsan Habib has been working regularly. Others come to the office occasionally. Of them, commissioner Anisur Rahman was seen at the office on some rare occasions.
Soon after the formation of the interim government, five judges of the Appellate Division, including the Chief Justice and the Attorney General, resigned. Among the constitutional institutions, the EC, Public Service Commission (PSC), Comptroller and Auditor General (CAG) are yet to resign. On the other hand, among the statutory bodies, the chairman of the Law Commission and the VCs of various public universities have resigned. However, none of the important statutory bodies, the Anti-Corruption Commission (ACC) for instance, has resigned yet. Sources said that the top brass of the ACC are also prepared to resign.
CEC Kazi Habibul Awal wrote an op-ed in a national daily recently. Referring to the fall of the AL government on August 5, he wrote that the EC is in a constitutional crisis. No one is available to discuss important matters. Therefore, as the head of the commission, he thinks it is appropriate to inform the people of his stand through the column.
The CEC wrote that the EC is in crisis with the constitution and the successful post-August 5 constitutional situation. Parliament was dissolved through an unconstitutional process. If the constitution is upheld, then the EC will have to conduct parliamentary elections within 90 days as per provisions of Article 123(3)(b) of the constitution. If it does not, then the commissioners would have committed an offence punishable with death under the provisions of Article 7B.
Meanwhile, Dr Yunus addressed the nation for the first time on Sunday after taking oath as the Chief Adviser. He talked about reforming government institutions, including the EC. He said the government will also reform the EC as part of the ongoing reform process.
Dr Yunus said that free, fair and participatory elections will be organized by completing the necessary reforms in the administration, judicial department, EC, and electoral system.
Several EC officials said that the commissioners are prepared to resign. They have already taken their personal belongings and documents home.
Sources also say that Commissioner Anisur Rahman is ready to resign voluntarily, but others are waiting for the government's message. If they receive instructions from the government, they will resign accordingly. However, according to government sources, the EC is not the priority right now. According to the law, the judiciary, the PSC, and the CAG have a role to play in appointing the new ECs. Therefore, the judiciary, PSC, and CAG must go through reforms first.
In this regard, CEC Awal said: “I have written an article about my position or that of the commission. There I tried to explain the position.”
Asked whether there are any preparations to resign, he said: "At the moment we have no preparations to resign. You will know when you need to know it.”
Shushashoner Jonno Nagorik (Shujan) Secretary Badiul Alam Majumdar said: “No one has confidence in the current EC. Therefore, I think this institution will be a priority in terms of reforms of the present government.”
Pointing out that the government has not yet begun any reform process, he said, it is not yet time to say which of the institutions will be reformed first.
Stating that the current commission should leave, Majumdar said that it is up to them whether they will resign at this moment or take time.
“However, I think they need to talk to the government first,” he added.
