Govt publishes gazette on CEC, ECs appointment law

The government has published the gazette on Chief Election Commissioner and other Election Commissioners Appointment Act, 2022, which was passed by the parliament on January 27. The Bangladesh Parliament Secretariat published the gazette on Saturday immediately after President M Abdul Hamid assented to the bill, said a notification issued  Sunday. According to the law, the President will form a six-member search committee to recommend names of qualified candidates to be appointed as the CEC and other ECs.

The search committee will include a judge from the Appellate Division nominated by the Chief Justice, another judge from the High Court Division nominated by the Chief Justice, the Auditor General and Controller of Bangladesh, the Chairman of the Bangladesh Public Service Commission, and two prominent citizens nominated by the President, one of whom will be a woman.

Appellate Division judge will act as the head of the search committee, which is tasked to submit its recommendations to the President within 15 working days of the committee's formation. The quorum of the committee will be formed with the presence of minimum three members of the committee while decisions will be taken as per votes of the majority members.  In the recommendation, the search committee will propose two names against each vacant post considering the qualifications mentioned in the law for appointing the CEC and ECs.

The law said that the people whose names will be proposed for the CEC and ECs must be Bangladeshi citizens, must be at least 50 years old and must have at least 20 years of work experience in any important government, judicial, semi-government, private, or autonomous position or profession.

   Any person will be disqualified for the CEC and EC posts if:

1.    She/he is declared mentally imbalanced by any appropriate court;

2.    She/he does not get rid of liability after being declared bankrupt;

3.    She/he acquires citizenship of another country; or expresses or acknowledges loyalty to other foreign countries;

4.    She/he is found guilty and sentenced for moral turpitude;

5.    She/he is convicted under the International Crimes (Tribunals) Act, 1973 (Act No. XIX of 1973) or the Bangladesh Collaborators (Special Tribunals) Order, 1972 (President's Order No. 8 of 1972) for any offense.

6.    Or She/he holds any profitable post of the government except those for which the post holder is not declared disqualified by the law.