Dr. Forqan Uddin Ahmed :
Free and fair elections are part and parcel of a democracy. Failure of the previous two election commissions to ensure it has deeply hurt our democratic process, with the general people turning apathetic towards the electoral process and major political players losing faith in it. In order to bounce back from this situation, the Election Commission needs to build trust among both the people of the country and the political parties. And then they must work towards delivering a free, fair and participatory election that is above question and acceptable to everyone. But the new Election Commission seems to be walking the old path of its predecessors, and needs to change course if it wants to be credible. There is very little reason for hope that such reform might be waiting in the wings, as the EC’s approach to the Cumilla City Corporation elections is just further indication that nothing has changed. The story of a Cumilla MP flagrantly flouting polls code has been well documented in the headlines and the EC’s willingness to roll over look the other way is a troubling sign not just for future elections but ensuring democracy in our country in general.
Whether at the national or local level, it is universally recognized that there is no substitute for fair elections in the development and institutionalization of democracy. In Article 119(1) of the Constitution, the Election Commission is entrusted with the responsibility of conducting the election of members of the national parliament. According to the provisions of Article 126 of the Constitution, it is the duty of all executive authorities to assist the election commission in discharging its duties. The Representation of the People Order (RPO) 1972 containing detailed provisions on the election of members of parliament has been issued in the light of the directives of Article 3 of the fourth schedule of the Constitution, which has been amended from time to time. Moreover, the Election Conduct Rules, Political Party and Candidate Conduct Rules, Political Party Registration Rules, Independent Candidate Rules have been made under the People’s Representation Order. Electoral Officers (Special Provisions) Act has also been enacted. The purpose of all this is to conduct free, impartial and fair parliamentary elections.
Article 65 of Bangladesh Constitution requires the establishment of a parliament and Article 66 lays down the qualifications and disqualifications of candidates running for parliamentary elections. The fifteenth amendment of the Constitution, enacted in June 2011, provides for parliamentary elections to be held under the government of the day — i.e., a party-based government – and during the 90 days prior to the expiry of the parliament. In addition, it restrains the authority of the judiciary to intervene in parliamentary elections after the election schedule is declared by the Election Commission. These may be revisited and necessary arrangement should be made for addition and subtraction of new laws and clauses subject to political concencsus. Again some rules may be review and clauses need to be adding for the sake of good practices.
A review of the constitution and election-related laws of Bangladesh shows that the Election Commission is the caretaker government during the elections. According to Article 126 of the constitution, it is the duty of all executive authorities to assist the Election Commission in discharging its duties. Election administration, law and order enforcement all are supposed to be under the commission. But practically the Election Commission does not play the active role. So there is no option but to strengthen and empower the EC. The issue of conduct of elections by the army is clarified here in the relevant discussion. Bangladesh army is our pride. Their glorious tradition against the invaders in the war of freedom and liberation will never be forgotten.In almost all the 11 parliamentary elections that have been held since Bangladesh became independent, the army had been on duty along with the country’s law and order forces. The performance and acceptance of the army by the people, voters and civil society of the country has increased significantly during the election. Regarding election EC can utilize only the ministry of defense. In this connection EC should be made independent in exercising its responsibility. Otherwise free and fair election can not be possible.
It can be said that the EC lacks the proper manpower and logistics for fair and acceptable elections. A fair election is never possible without skilled manpower and logistic support. Due to this lack of capacity and lack of goodwill and sincerity, various elections so far have been called into questions. Therefore, in view of the analysis and review of various discussions, it appears that it is not possible for the EC to succeed without ensuring neutral administration. The EC may conduct the election only with the help of the army. Therefore, neutral, free and participatory elections are not possible depending on the existing system. Without National consensus through dialogue, the EVM use may be declared forbidden. If 100 per cent participation is not ensured the EC may propose for changes of law to the government. For free, fair polls, government must accept the proposal of EC. Therefore, EC must have a stand and that will direct EC for a fair and credible election.
However, EC should move on with all justifiable matters and people’s will. In no way the unethical, undemocratic and dictatorial intention should be encarged. In our country the EC, government and all stakeholders remain silent to the will, influence and manipulation of the party in power. It is only the problem for which many other problems are created. So in order to stable our politics, the congenial environment for free and fair election is a must. Blaming game to each other must be stopped if we are really patriotic.
(The writer is former Deputy Director General, Bangladesh Ansar and VDP).
