Barely a week ago had we emphasised on the need for the Election Commission (EC) to move forward with objective based conditions for holding the upcoming 11th parliamentary elections. In case, if it failed we also said the Chief Election Commissioner (CEC) along with other Commissioners must admit its failure and resign with dignity. And now following the stay on Dhaka North City Corporation (DNCC) polls – Constitution and local government experts to civil society members have all collectively blamed the EC for failing to plug the legal loopholes before announcing schedule for the DNCC polls. How far the legal loopholes are responsible for justifying postponement of the by-election is for the High Court Division to decide.
What is surprising the Election Commission did not appeal to justify its decision to go ahead with Dhaka North City Corporation’s polls. Normally, stopping election process by court is not easy.
Though legal problems in holding the DNCC polls have been discussed widely for the last couple of months, the EC did not take them into account. We wouldn’t only want the EC to draw lessons from this expensive mistake but to appropriately re-organise itself with efficient and experienced officials. More than the delay in holding the DNCC polls – it is the public’s trust on the EC that has been diminished. If such kind of mistake happens in a small-scale mayoral election, how can the EC credibly arrange countrywide national polls?
However, at the same time the postponement of the DNCC polls is also a violation of both election laws and the spirit of the Constitution. According to Article 59/1 of the Constitution, local government bodies would be run by elected persons while the election rules make it compulsory to hold the election within three months if any post falls vacant.
But weakness of the Election Commission has been exposed whatever be the legal position. The Election Commission must recognise its own position about the possibility of free and fair election under prevailing situation. Nobody should play game with a situation fraught with uncertain national future. Whether the government was in the scene or not, it should have realised the general election will not be as easy as it last time.
