The High Court bench of Justice JBM Hassan and Justice Md Khairul Alam came up with the orders and rules following two writ petitions.
Notably, Luna is the wife of missing BNP leader Ilias Ali. She is an aspirant candidate from Sylhet-2. Millat, a former lawmaker, is vying for Jamalpur-1.
Awami League candidate of the constituency Abul Kalam Azad challenged Millat’s candidacy, while Jatiya Party runner Yahia Chowdhury challenged Luna’s at the High Court.
Abul Kalam Azad’s lawyer Advocate Khurshid Alam Khan told The Daily Star that Millat cannot run in the election unless the apex court rules otherwise.
Millat was convicted and sentenced to seven years’ imprisonment by a lower court in a corruption case. The High Court had acquitted him later, which was overruled in the apex court and kept for further hearing.
On the other hand, Yahia Khan said Luna, as a government service retiree for six months, cannot run in elections before three years of retirement as per law.
The High Court has placed a bar on M Rashiduzzaman Millat and Tahsina Rushdir Luna from running in the upcoming general election.
The court also issued separate rules asking Election Commission to explain in four weeks why their candidacies should not be declared illegal.
The High Court bench of Justice JBM Hassan and Justice Md Khairul Alam came up with the orders and rules following two writ petitions.
Notably, Luna is the wife of missing BNP leader Ilias Ali. She is an aspirant candidate from Sylhet-2. Millat, a former lawmaker, is vying for Jamalpur-1.
Awami League candidate of the constituency Abul Kalam Azad challenged Millat’s candidacy, while Jatiya Party runner Yahia Chowdhury challenged Luna’s at the High Court.
Abul Kalam Azad’s lawyer Advocate Khurshid Alam Khan told The Daily Star that Millat cannot run in the election unless the apex court rules otherwise.
Millat was convicted and sentenced to seven years’ imprisonment by a lower court in a corruption case. The High Court had acquitted him later, which was overruled in the apex court and kept for further hearing.
On the other hand, Yahia Khan said Luna, as a government service retiree for six months, cannot run in elections before three years of retirement as per law.
Related News
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In today’s episode of ‘The Election Talks 2018’, noted economist Dr Hossain Zillur Rahman, a former adviser to a caretaker government, talks with The Daily Star about the election to be held tomorrow.
Dr Zillur Rahman said, "Although hope was created due to the participation of all the political parties, but we stumbled when the campaigning began."
The attacks carried out reportedly on behalf of the ruling party were more in number, he said.
Capturing the field became more important than securing people's vote during the electioneering, he added.
Watch the video to know more!
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On April 23, we ran a report on how 100,500 electronic voting machines (EVMs), out of 150,000 total, worth Tk 3,825 crore, will soon be gutted as they "are no longer usable," according to an Election Commission official. These machines, with an official lifespan of 10 years, were bought in 2018 just before the election that year, at a cost of Tk 2.35 lakh each—11 times more expensive than the EVMs used in India. As guaranteed, the EVMs purchased by Bangladesh should have functioned at least until 2028.
But the EVMs next door have a different story. Right now, India is holding the biggest election ever in the world with 969 million registered voters. The elections began on April 19 and will be held in seven phases over a six-week period and across more than a million polling stations. The result will be announced on June 4. All of the nearly a billion voters will cast their ballots using the 5.5 million EVMs that are being used throughout this massive country.
So what explains the dramatically opposite trajectories in the use of EVMs between the two neighbouring countries? India, after achieving political consensus on the use of EVMs in 1998 and through many years of trial and error, reached 100 percent use of these machines in 2004 in all its constituencies. But why are we dumping our EVMs into the gutter less than six years after their purchase? By doing so, we are setting back—and we don't know for how long—any possibility of using EVMs in future polls, which is essential for the modernisation of our election process.
Why did the EVM experiment in Bangladesh fall on its face?
There is, of course, the overriding political atmosphere of suspicion and hatred, as well as a culture of never accepting what the other side does. But on the technical side, too, there were fundamental flaws in the EVM project formulation, evaluation, and monitoring that have led to the present disaster.
First, let us delve into the issue of why our EVMs should cost 11 times more than those used in India. It was said that ours were of higher technical capability and had features that others didn't. Voters never came to know what those special features were, but did the Election Commission (EC) know? If yes, did they carry out thorough technical evaluation before approving the machines?
One key feature of the Indian EVM is its paper trail, or the voter verifiable paper audit trail (VVPAT). So, when a vote is cast, the machine prints out a slip containing the serial number, name, and symbol of the candidate, which is displayed for seven seconds and then automatically drops into a sealed box. This serves as a confirmation to the voter that the machine has correctly registered his/her vote and also acts as a printed record that can be used to verify voting in case there are questions or contestations. The VVPAT feature greatly helped India to gain public confidence in the EVM process, while its absence did the very opposite in our case. Why didn't our EC insist on having this feature?
Moreover, did the EC do its due diligence before accepting the EVMs, especially as it was costing 11 times higher than the comparable Indian ones?
There is also the question whether the EC did enough to gain public trust in EVM use. The prevailing suspicion that EVMs could be manipulated remains deeply etched in the public mind. The EC should have realised that casting a ballot is a precious right and an exercise of power by each voter, which one would be reluctant to relinquish to a machine unless s/he had full faith on its reliability. But did the EC do enough to gain that crucial public confidence? Why weren't more technical teams, IT specialists, and poll experts utilised to engage with general voters and remove the doubts that continue to gnaw at the public mind as to the dependability of these EVMs? There should have been far more public display regarding the workings of these machines as well as open debate about their capabilities.
Without such outreach to gain public confidence, the EC should not have proceeded to buy so many of these machines. There should have been many more pilot projects with smaller numbers of both voters and EVMs, and through such a process a breakthrough could perhaps have been achieved. If Indian voters could have been won over in favour of the EVMs, why not ours, too, where diversity is so much less?
Perhaps the most damaging and utterly absurd aspect of the EC's project was that there was no provision to store these EVMs when not in use. Can there be anything more ridiculous? When the first batch of 25,000 EVMs were delivered in 2018, the question should have immediately occurred to the EC as to where to store them. Without that crucial question being resolved, the EC ordered more of the machines and in the subsequent years—2019 and 2020—the whole lot of 150,000 EVMs were bought. So, to put it bluntly: EVMs were bought at 11 times the price they are next door and then, when not in use, they have literally been thrown into premises—such as schools, colleges and EC upazila offices—that are inadequate to store these technically sophisticated machines. Temperature, dust, and humidity control are the most essential preconditions for EVMs' preservation, and none of this was ensured. All this was done with the full knowledge that these machines would soon become unusable, as they have now become. The crudity of it all boggles the mind.
As a society under law, shouldn't we be able to hold some people responsible for such blatant waste of public money? Is it those who proposed the EVM project, those who evaluated it, or those who approved it? In a sense, all should be responsible. But in fact, nobody is. The way our administrative procedures are formulated prevents clearly identifying who should be held responsible in case of failure. This, coupled with the practice of never holding anyone responsible, has created a culture of spending public money without any regard for accountability. Every year, the media runs hundreds of stories about waste of public money but no accountability comes out of it. The office of the Comptroller and Auditor General publishes hundreds of well-researched reports annually, exposing cases of public money being squandered. But these reports ultimately gather dust. The fact that no official has ever been held responsible or punished—especially the senior ones—has created an environment of endorsing corruption. This also feeds into the present culture of impunity among the rich and powerful.
Shouldn't the EC hold its own investigation as to how the EVM disaster occurred, and what can be done to prevent such a failure in the future. With nearly a billion voters, India has achieved 100 percent usage of EVMs and we, with only 120 million voters, are abandoning it, with all the implications of continuing the controversies of ballot stuffing, midnight voting and the rest. The fiasco with the EVMs has created further doubt in the public mind as to the capabilities of our EC to hold free and fair elections in the near future.
Mahfuz Anam is editor and publisher of The Daily Star.
Views expressed in this article are the author's own.
Follow The Daily Star Opinion on Facebook for the latest opinions, commentaries and analyses by experts and professionals. To contribute your article or letter to The Daily Star Opinion, see our guidelines for submission.
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The Election Commission is going to buy two lakh Electronic Voting Machines for the next national polls, spending more than 10 times what India paid to obtain its EVMs.
An EVM in India costs about Rs 20,000, said an EC official on the condition of anonymity.
When the EC bought 1.5 lakh EVMs from Bangladesh Machine Tools Factory (BMTF) in 2018, each machine cost Tk 2.3 lakh, the official said.
This time, the outlay is bound to be more due to the appreciation of the dollar, the official pointed out adding that a development project proposal involving Tk 7,500-Tk 8,000 crore was being prepared.
More than four years back, the EC bought the EVMs under a Tk 3,825-crore project.
The base price of an EVM was $2,387 (about Tk 2,26,842 in today's money); another Tk 25,000 had to be paid for its accessories.
Last time, there was no value-added tax on the final price of the EVMs but this time there might be taxes, which would increase the cost further, the official said, adding that the base price would remain the same.
Asked why the Bangladeshi device was more expensive than that of many countries including India, EVM Project Director Syed Raquibul Hasan said, "A Tata car does not cost the same here as in India.
"You can't compare our EVMs with those of any other country. In our EVMs, we have added features like a fingerprint matching system, audit card, polling card, and other safety and security measures. The Indian EVM has no such features.
"If a fingerprint scanner and other accessories were added, what will be the cost of an Indian EVM?" Hasan said.
Asked why the EC has not floated any national or international tender for the EVMs, which might have yielded competitive bidding, Hasan said, "Only BMTF can provide the specific machine."
BMTF is a commercial plant of the Bangladesh Army. The state-owned enterprise has the capacity to deliver two lakh EVMs ahead of the next general election likely to be held in late December next year or early January 2024, according to Hasan.
The move to buy the additional EVMs comes on the back of the EC's August-23 decision to go for electronic voting in up to 150 constituencies in the polls despite major opposition parties' objection to the use of the devices.
The EC has 1.5 lakh EVMs that can be used in 70-80 constituencies at one go in the next polls.
The development project proposal now being prepared includes the setting up of 10 warehouses in 10 regions, recruiting manpower and training them to handle the devices, and buying vehicles for transporting the EVMs.
The warehouses will have foolproof security, firefighting equipment and temperature control for the proper preservation of the EVMs.
The three-storied warehouses would be on 40 kathas of land with more than 60,000 square feet of space to keep around 45,000 EVMs.
"We will need money to buy or acquire land and to have modern facilities to store the machines," Hasan said. Campaigns would be required to make people aware of the EVM use and dispel misconceptions.
The EC is yet to choose the constituencies where EVMs will be used in the next general election.
"This will be finalised when the election schedule is fixed," said an EC official.
EVMs would mostly be used in the urban seats with smooth transportation and also where the devices were earlier used for different elections, the official added.
EVMs were first used in the 2018 parliamentary election.
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Chief Election Commissioner KM Nurul Huda has ruled out any scope of holding fresh election, as demanded by opposition alliance Jatiya Oikyafront.
“There is no scope to hold the national election again,” he said while briefing to media today, a day after the 11th parliamentary election was held.
Rejecting the allegation of ballot stuffing on the night before election, the CEC said: “It is completely untrue.”
Expressing complete satisfaction over the election, he said the voter turnout in the polls was 80 per cent.
Nurul Huda said the election took place with festive atmosphere but there may have some unfortunate incidents during the voting and the commission will investigate the incidents.
HOW WAS THE ELECTION?
Voting for the 11th parliamentary election ended peacefully in Dhaka; but was tainted with violence elsewhere across the country and cost the lives of at least a dozen people.
Reports of casualties came in from Cumilla, Chattogram, Sylhet, Rajshahi, Dinajpur, Rangamati, Cox’s Bazar, Bogura, Noakhali, Narsingdi and Gazipur.
Allegations of vote rigging, election clashes, intimidation and irregularities came in from several other constituencies and capital Dhaka city.
Also, the election saw opposition candidates boycotting elections in at least 43 constituencies; 42 of who were Jatiya Oikyafront runners.
WHY 2018 POLLS IS SIGNIFICANT?
It is after 10 years that Bangladesh and its people are witnessing an election that is being held in participation of all the major political parties.
The last one held on January 5, 2014, was highly debated both nationally and internationally as it saw no election to more than half of the seats.
A total of 153 constituencies out of the total 300 saw lawmakers elected uncontested – an election which was boycotted by prime opposition BNP.
Sheikh Hasina remained in rule for two consecutive terms with the parliamentary opposition of Jatiya Party, which took part in the cabinet of Awami League.
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The families of two teenagers killed in Mohammadpur during a clash of Awami League factions ahead of the general election have been robbed of justice.
The family members of one of the victims said police submitted the final report in the case without talking to them. The report mentioned no clash even though it was widely covered by the media at that time. It termed the incident an “accident”.
Councillor Tarequzzaman Rajib of ward-33 also threatened the father of one of the victims not to file a murder case, they said.
A case was filed after the November 10, 2018, incident and the father of one of the teens was made the plaintiff.
The father maintains he did not file the case and that the signature on the case document could not be his since he is illiterate. He said Councillor Rajib put a gun to his head and told him to do as he said after the incident.
The families opened up to this paper only after Rajib was arrested this week.
On the morning of November 10, 2018, a procession of vehicles, largely comprised of flatbeds, with supporters of AL leader Sadek Khan was going towards the AL Dhanmondi office to buy nomination paper for Sadek’s candidacy in the polls.
Mohammad Sujon, 19, and Arif Hossain, 14, were on one of the pickup trucks when the procession was attacked allegedly by the men of rival AL leader and then lawmaker Jahangir Kabir Nanak.
During the melee Sujon and Arif fell off the vehicle and the driver, trying to avoid the brick chunks being hurled at the pickup, reversed and ran the two over, according to case documents, news reports, witness accounts, and statements of the families.
Sujan and Arif died in hospital.
Arif’s father Faruk Hossain was taken to a community centre in Mohammadpur when he was on his way to the hospital. He was confined there for 12 hours by Rajib’s men, Faruk told The Daily Star.
Late at night, Rajib, reportedly Nanak’s ally, at the community centre told Faruk to go to the police station to talk about getting the body of his son.
Faruk then went to the police station, gave his details, and told the officials there what he knew about the incident. He had no idea that police were filing a case making him the plaintiff. The police officials there asked him to identify the body at the Suhrawardy hospital, Faruk said.
On his way to the hospital from the police station, two men stopped him near Shia Masjid and took him to Rajib’s home.
Rajib told him at gunpoint to do as he said regarding the matter, Faruk told The Daily Star.
“You wouldn’t get anything if you file a murder case. Instead, you will be harassed and face the same consequences as your son. You are from Lalmonhon of Bhola and so am I. Do what I say. You will get a good compensation,” Faruk quoted Rajib as saying.
Faruk eventually identified his son’s body the next day.
Faruk said, “After the incident, I thought it was police who were the plaintiff in the case.
“This is my NID, sir. See, I can’t sign,” Faruk showed his NID to this correspondent which had his thumb print.
Faruk said not a single police officer talked to him about the investigation since then.
Sujon’s uncle Md Riaz told The Daily Star last night that the police never talked to them either.
He said councillor Rajib had promised them compensation and jobs for family members but he never delivered.
Sujon’s family did not know that the final report was submitted. They heard it first from The Daily Star correspondent.
After “investigating” the case for 11 months, police submitted the final report terming the incident an “accident”.
Police had arrested convener of Jubo League’s Adabar Thana unit Arifur Rahman Tuhin in connection with leading the attack but in the final report police said they found no evidence of Tuhin’s involvement.
Rajib, on behalf of then MP Nanak, had given Arif’s family Tk 30,000 and Sujon’s family Tk 25,000 as burial cost.
After the incident, AL General Secretary Obaidul Quader said the prime minister directed the authorities concerned to submit a probe report over the incident within two days.
Whoever is found involved would be given exemplary punishment, he had said, adding that the prime minister wanted to know “who destroyed the peaceful election environment”.
Sub-Inspector Mukul Ranjan of Mohammadpur police station, investigation officer (IO) of the case, said they submitted the final report of the case in the first week of this month as they could not find any evidence or witnesses.
Police also could not identify the pickup truck and its driver.
In the final report, police said the two factions of the ruling party came “face to face” near Mohammadi Homes Ltd on November 10 when the unidentified driver reversed in a hurry and could not see what was behind him. This led to the two getting run over.
The SI in his investigation found no evidence of the clash. He only said the two faction came “face to face”. The media, however, had extensive coverage of the incident.
They reported that the attackers, armed with hammers, sharp weapons and brick chunks, swooped on the procession of vehicles.
The IO said said Faruk did not know what had actually happened and had “filed the case” based on hearsay.
Taking to this newspaper, the SI claimed that he did not find anything in CCTV footage and no local wanted to be a witness.
Asked why the IO never contacted Faruk, the IO first claimed that he had contacted him but later said they could not reach him.
The IO claimed that Faruk had indeed filed the case.
At one stage of the conversation with this correspondent, the IO said he had written the final report with direction from a superior officer of Tejgaon Division Police.
Anisur Rahman, deputy commissioner (Tejgaon division) of Dhaka Metropolitan Police, told The Daily Star that he had no knowledge about the development of the case as he joined the division only a few months ago.
“I will have to see the documents,” he added.
In November last year, Nanak said he had nothing to do with the attack on the procession.
Sadek had said that he did not want to blame anyone and demanded a proper investigation.
The Daily Star could not reach Nanak and Sadek for comments over the last few days.