Former govt official submits nomination despite a law barring ex-civil servants from becoming MPs within three years of retirement

TDS Desk:

Monira Sharmin, a retired government official and leader of the National Citizen Party (NCP), has submitted her nomination for the upcoming women’s reserved seat election to the 13th National Parliament, despite legal restrictions that bar former civil servants from becoming MPs within three years of retirement.

Today was the last day for submission of nomination papers for reserved women’s seats, with the deadline closing at 4:00pm. Scrutiny will take place on April 23 and 24.

On April 8, the EC announced the election schedule, setting voting for May 12

Talking to  this afternoon, Monira said she joined Bangladesh Krishi Bank as an officer general (Grade 10) on November 11, 2023. She served the bank until December 2025. In March last year, she was given the responsibility of joint convener of NCP.

Five months after retiring from government service, she received a nomination for a reserved women’s seat.

Asked whether this violates the Representation of the People Order (RPO), she told The Daily Star, “As far as I know, eligibility or restrictions for reserved women’s seats are not directly covered by the RPO. The disqualification clause does not apply here. Bangladesh Krishi Bank is a specialised bank, and my Grade 10 post was an entry-level position. My tenure there was only two years, and my salary was determined under the bank’s ordinance.”

When asked if her nomination could be cancelled during scrutiny, she said, “I am hopeful my nomination will not be cancelled. There is no scope for that, as it is not directly related to the RPO. The Election Commission is aware of this. I believe there will be no problem. I want to be the voice of the people in parliament.”

Around 11:30am this morning, Jamaat-e-Islami Assistant Secretary General Hamidur Rahman Azad submitted the nominations of 13 candidates for reserved women’s seats on behalf of the 11-party alliance to the EC.

Given the possibility of Monira’s nomination being cancelled under RPO restrictions, the NCP has prepared an alternative candidate.

Seeking anonymity, an NCP joint member secretary told this afternoon, “Our lawyers are reviewing Monira Sharmin’s case. As an alternative, we plan to propose NCP leader Nusrat Tabassum.”

Regarding the matter, Election Commissioner Abdur Rahmanel Masud told The Daily Star, “Nomination papers will be scrutinised tomorrow and the day after. There is no scope to bypass the RPO. If any nomination is cancelled, candidates may appeal.”

He added, “If a nomination is cancelled during scrutiny, the seat will be declared open to all parties. The commission will announce a fresh schedule, and parties or alliances will nominate new candidates. Members of parliament will then elect the representative for that reserved seat.”

When asked, Moin Uddin Khan, returning officer for the women’s reserved seat poll, said, “We will decide based on the documents during the scrutiny of nomination papers. Decisions are made according to the rules after examining the nomination papers. In this regard, the provisions of RPO apply. The RPO also specifies how long after retirement or resignation from a profitable post of the republic one can contest an election.”

What the law says

The EC organises elections to reserved women’s seats under the Jatiya Sangsad (Reserved Women’s Seats) Election Act, 2004. Section 29 of the Act states that such elections will be conducted in accordance with rules framed under the Representation of the People Order, 1972.

According to Article 12(1)(f) of the RPO, a person is disqualified from being elected as a member of parliament if they resigned or retired from a post in the republic or any statutory public authority and three years have not elapsed since that resignation or retirement.