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November 14, 2007
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Wednesday
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Ziqa’ad 03, 1428
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Khaleda serves legal notice on Election Commission
By Our Correspondent
DHAKA, Nov 13: Detained BNP chairperson Khaleda Zia on Tuesday threatened the Election Commission with legal action if it does not withdraw invitation to her party’s ‘acting secretary-general’ M Hafizuddin Ahmed for dialogue on electoral reforms.
M Hafizuddin Ahmed was appointed acting secretary-general of the party at a controversial meeting of the party’s standing committee without Khaleda’s consent.
Reports say the military backed government of Fakhruddin Ahmed coerced some members of the party’s standing committee into appointing Hafizuddin acting secretary-general in a bid to oust Khaleda from politics. The Election Commission then invited Hafizuddin-led faction of the BNP to a dialogue, ignoring Khaleda’s appointed Secretary-General Khandaker Delwar Hossain.
However, Khaleda’s lawyers on Tuesday issued a legal notice to the Election Commission, saying that the invitation letter ‘must be withdrawn, rescinded or cancelled within 48 hours’, and threatened the commission with a legal action if the government fails to withdraw the invitation.
The notice was issued to the commission, chief election commissioner, two other election commissioners, secretary of the Election Commission secretariat and principal secretary to the chief adviser.
A law firm, Jamiruddin and Associates, served the notice that was signed by Nawshad Zamir.
After receiving the notice, Chief Election Commissioner ATM Shamsul Huda, told reporters that the commission would not withdraw the invitation letter it had sent to Hafizuddin on Nov 5, for attending the dialogue scheduled to be held on Nov 22.
The EC, however, will reply to the notice.
“We will send our reply to the law firm concerned, and the reply will enclose a copy of the resolution of the EC to send the invitation letter to Hafizuddin,” said Huda.
Khaleda’s counsel Nawshad told reporters that a writ petition would be filed if the commission failed to withdraw the invitation letter.
The chief election commissioner, when asked about the counsel’s reaction, said: “If anyone is aggrieved by our action, he/she is free to file a lawsuit and we will fight the legal battle.”
Earlier, on Nov 6, a day after the invitation letter was sent, he said the ‘doctrine of necessity’ had prompted the commission to invite him for the dialogue.
Khaleda’s lawyer said he had served the notice and received the instructions, with power of attorney, on Nov 10, when one of his associates Nasiruddin Ashim met the former premier at the special jail.
The notice termed the invitation letter illegal and mala fide, and said it was issued to subvert the process of law and in violation of the BNP’s constitution.
The BNP’s chairperson, the only elected person in the party’s management, enjoyed the exclusive authority and power to include or expel anybody, said the notice.
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