No legal bar for Sahabuddin to become President: CEC

Terming the controversy over the election of the supreme post of the state as unexpected, Chief Election Commissioner (CEC) Kazi Habibul Awal has said there is no legal bar for Md Sahabuddin to become the President of the country.

“There is no legal bar for Md Sahabuddin to become the President of the country,” he said while talking to journalists at the Agragaon Election Commission Secretariat today.

Replying to a query from journalists, the CEC said retired Justice Shahabuddin Ahmed was elected as the President of Bangladesh, he was not appointed.

“Earlier, a final judgement of the High Court Division of the Supreme Court has said that a retired Chief Justice, just like a retired ACC Commissioner, is not ineligible as a candidate for the post of the President,” he told newsmen.

He said, “We have to understand the difference between election and appointment . . . none has the authority to appoint the president as the head of the state can only be elected.”

“But the president has not been appointed, Prime Minister did not appoint him and even the Chief Justice did not appoint him . . . he has been elected in line with the existing laws,” he added.

Referring to Section 9 of the ACC Act, the CEC said, “A question arises whether the candidate has constitutional or legal ineligibility to become the President. There is a provision that a retired ACC commissioner cannot be appointed to a profitable post.”

He further said many people are trying to say that the post of President is a profitable post. “Although the post of President is an ‘An Office of Profit’, it is not ‘An Office of Profit in the Service of the Republic’,” Awal added.

It is clearly stated there that Md Shahabuddin’s presidential election is completely legal, the CEC mentioned.

The CEC said, from that point of view, it would not be necessary or appropriate to create confusion.

BSS