The High Court (HC) on Tuesday stayed the effectiveness of a public notification issued by the Election Commission (EC) asking new political parties to apply for registration by 20 April.
The HC bench comprising Justice Md Akram Hossain Chowdhury and Justice KM Rasheduzzaman Raja issued the rule following a writ petition filed by Supreme Court lawyer Hasnat Quaiyum seeking its directive in this regard.
The HC bench also asked the authorities concerned to explain why the public notification seeking application for registration of political parties in the light of section 90 (kha) of Representation of the People Order to thwart the recommendation of the Election System Reform Commission issued on March 10, should not be declared illegal and without lawful authority.
The Chief Election Commissioner, Secretary to the EC and the Electoral Reform Commission have been made respondents to reply to the rule within four weeks.
Rashtra Sanskar Andolan Chief Coordinator and Supreme Court lawyer Hasnat Quaiyum filed the writ petition with the High Court on Sunday, challenging the Election Commission's (EC) public notice regarding new political party registration.
The EC regulations were introduced under the 2006-08 military-backed caretaker government, and were further toughened during the Awami League rule, requiring new parties to have committees in 21 districts and 100 upazilas or metropolitan thanas.
The regulations make it all but impossible for new parties to get registered and contest in polls. They are in conflict with the spirit of the constitution, Advocate Abeda Gulrekh, counsel for the petitioners, told reporters after the HC order.
The Prof Yunus-led interim government has formed an Electoral Reform Commission to recommended corrections in the country's election system.
The commission has recommended amending the regulations for easing new party registration, but the Election Commission has issued registration deadline even before the necessary corrections can be adopted, Abeda said.
On March 10, the Election Commission invited applications from the new political parties by April 20 next to get registered ahead of the next national election.
New political parties are registered with the Election Commission in line with Article 90A of the Representation of the People Order, 1972.
According to the Representation of the People Order (RPO), a political party can register its name with the commission after fulfilling the conditions mentioned in section 90 (Kha).
Under the section 90 (Kha), there are certain conditions for registration in the district and upazila level offices, such as having an active central office, including a central committee; establishment of district offices in not more than one-third administrative districts and offices in at least 100 upazilas or metropolitan police stations, each of which has a minimum enrollment of 200 voters as members, etc.
According to the law, Advocate Hasnat Kaiyum said, there must be committees of political parties in at least 100 upazilas and 22 districts for registration.
But there are 20 upazilas in the three hill districts. For this reason, the residents of the hill areas will not be able to register political parties even if they are interested.
The condition was added to the Representation of the People Order (RPO) in 2011 during the autocratic government.
The Electoral Reform Commission has recommended registration as a political party if there are 5,000 members, including 5 percent upazila and 10 percent district committees. In this situation, the public notice was hurriedly given under the old law.
The writ petition was filed on the grounds that the definition of a political party in the constitution is against the spirit of the public notification, he said.
