Ineligible in January, eligible in February how?

, Point-Counterpoint

Kabir Ahmed, Assistant Editor, Barta24.com | 2024-02-29 19:43:56

Awami League's International Secretary Shammi Ahmed was nominated for Barishal-4 (Hijla-Mehendiganj) seat in the 12th Jatiya Sangsad(JS) Elections. Her nomination was canceled due to her dual citizenship. She appealed against the decision of the Returning Officer and Deputy Commissioner of Barishal Shahidul Islam to cancel the nomination. Even after the legal battle, this leader of Awami League could not participate in the election. Although she could not participate in the election and become a member of parliament, she was elected unopposed in the reserved seat. She also took an oath.

Shammi Ahmed was elected Member of Parliament from Barishal in the reserved women's seat, even though she was not eligible to participate in the direct vote of the people. Speaker Shirin Sharmin Chowdhury administered the oath to the reserved 50 seats in the oath chamber of the Jatiya Sangsad on Wednesday (February 28) afternoon. First, 48 women elected from Awami League were sworn in. After that, two members of the Jatiya Party took the oath. Awami League's nominated candidate Shammi Ahmed was among those who became members of parliament.

The pertinent question here is—how is that possible? Because even though the election method is different, the eligibility/disqualification of becoming a member of parliament for general seats and reserved seats is the same. "Eligibility and Disqualification of Candidates for Election to Reserved Women's Seats" section of the "National Parliament (Reserved Women's Seats) Election Act, 2004" says—“8. (1) Any woman who has the qualifications specified in Article 66 of the Constitution to be elected as a Member of Parliament and to remain a Member of Parliament shall be eligible to be a candidate for a reserved seat for women. (2) No person ineligible to be elected as a Member of Parliament and to remain a Member of Parliament under Article 66 of the Constitution or any other law shall be eligible to be a candidate for a reserved seat for women.

This Awami League leader fought a huge legal battle to participate in the 12th parliamentary elections. She appealed to the Election Commission (EC) against the decision of the Returning Officer to cancel the nomination. This appeal to the EC failed. She also failed in the High Court. After that, Supreme Court Appellate Division Chamber Judge Justice M Inayetur Rahim ordered 'no order' on Shammi Ahmed's application seeking stay of the High Court order. She could not participate in the January 7 election. Pankaj Debnath, who was not nominated by Awami League, won as an independent candidate in that seat. Shammi Ahmed was not only discussed about dual citizenship. Independent candidate Pankaj Debnath made further allegations against her. Among them was to hide the information of smart card and passport, to be a voter of Australia.

When there is no difference in the eligibility/ineligibility of general and reserved seats, is there really a violation of the law here? In this context, however, one can look back at what happened in the appeal. Shammi Ahmed's lawyer Barrister Shafiqul Islam said during the appeal hearing, "Shammi Ahmed has already given a letter to cancel the Australian citizenship." Her statement was not taken into account at that time. If indeed she had given up her dual citizenship, her nomination would have been valid. Because here Article 66 of the Constitution says, '(2A) Notwithstanding anything contained in sub-clause (c) of clause (2) of this Article, if a person who is a citizen of Bangladesh by birth acquires the citizenship of a foreign country and thereafter such person- (a) ) Relinquish citizenship of a foreign country, in case of acquiring dual citizenship; or (b) in any other case, re-acquires the citizenship of Bangladesh—shall not be deemed to have acquired the citizenship of a foreign State for the purposes of this paragraph.'

Renunciation of foreign citizenship is viewed positively by the state as a qualifying criterion. Before the election, Shammi Ahmed could not prove that she was only a citizen of Bangladesh. What have you done now? In December-January several arguments were presented in her favor up to the High Court, but they were not accepted by the higher authorities. How is it evaluated now? If there is no up-to-date information on citizenship, doesn't her nomination get canceled on the same grounds that EC canceled her nomination? This time, if Shammi Ahmed has presented the proof of relinquishing the citizenship of a foreign country while filing nomination, then the Election Commission should have a say about it. Because when there has been so much discussion about her nomination before, it is not unusual to raise citizen-questions because the nomination paper has become valid without a word or quietly. That's the question we're listening to get an ear, and that's the question we're asking.

We should not have any objection if Shammi Ahmed is a member of the national parliament. Rather, we are happy, because if highly educated people like her are members of parliament, the country will benefit, the area will benefit, women will benefit. Her family is highly educated. Even though her late father Mohiuddin Ahmed was a big leader, she came to the position of International Secretary of a big political party like Awami League not only because of her father's identity, but because of her own merit. During her career, she served as Senior Advisor for the Pacific Region of the International Red Cross and Red Crescent Society. It can be said that she came to the present position on her own merit. Shammi Ahmed is ahead of most of the 50 women who have come to Parliament from the reserved women's seat. But once the question arises about her eligibility to be a member of Parliament, it is important to be clear.

The question of Shammi Ahmed's position as a Member of Parliament is mainly a discussion of customs and existing laws. Where there are questions, there should be answers. If this question is not addressed, Parliament itself will be controversial. To avoid controversy, we hope for the correct explanation of the matter.

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