The decision of the Electoral Commission that the president or president of the local government organization can not be appointed for parliamentary elections is contrary to the law of the municipality and the union.
Under the local government (council) and local (municipal) law, presidents-elect and mayors of these two organizations may become candidates in parliamentary elections. But after the election, the position of mayor or president will be released.
On November 24, the meeting of the Electoral Commission (EC) decided that no one from the mayor of the local government organization and president of the organization can not be elected in parliamentary elections. However, no instruction was given to field officers, verbal instructions were given. According to the EC, if in writing, some of the potential candidates may go to court to file a case and disrupt the election.
On the same day, electoral commissioner Rafiqul Islam said in the light of the day that in the previous elections many people were elected from the position of local government organization and in this case two types of directives were found in court in the same matter. However, the committee thinks that the position of representatives of the local government organization is profitable. And according to the Order of Representation of the People, the government can not be elected from among the lucrative positions. On this matter, the Return Officers will be instructed to work.
But the legislation of the municipality and Union Parishad does not support the EC's decision. Section 19/2 of the Municipality Act provides that if a person is elected as a member of any other local government entity or parliament, he or she may not be appointed to the position of mayor. Section 33 states that if any mayor elected member of parliament, then the position of mayor will be declared vacant.
According to the Union Parishad Act, if the president-elect is elected member of parliament, he will not be eligible for the office of president. Which means that someone from the UP president and city mayor can compete for parliamentary elections. But after the election, they will have to resign as president or mayor.
Under the circumstances, however, elected EC, municipalities, upazila, county and city presidents and prefects will not be eligible for parliamentary elections.
However, if a person injured in court, the consequences may be different. In the ninth parliamentary election of 2008, several mayors of Dhaka City Corporation and Mayor of Dhaka City Corporation, Sadek Hossain Khoka, became the candidates in the elections without accepting the order of the EC. After the verdict in the case filed in court, the court can not hold the election of the mayor of the city corporation, but municipal mayors can choose between the charge.
Based on this verdict, in the election of January 5, 2014, four municipal mayors were elected as deputies. Mamunur Rashid in the Noakhali-3 Electoral District, Nizamuddin Hajari in the Feni-2 Electoral District, Golam Mostafa Biswas in the Electoral District of Chapainawabganj-2 and Ali Azam of the Bhola-2 Electoral District. They were mayors of the municipalities of Choumohani, Feni, Rohanpur and Daulatkhan respectively.
Although the four deputies swore like the mayor's office. On the same day, on February 15 of the same year, after publishing the report in the first light entitled "Parliament and municipal mayor, illegal work of four lawmakers," the local government ministry issued the notification after the announcement of the post of mayor of four municipalities.