The Election Commissioner (EC) is considering taking opinions from legal experts to ascertain whether there would be any ‘legal complications’ to hold the upcoming 10th parliamentary election before dissolving the incumbent Parliament.
Election Commissioner Zabed Ali on Thursday told reporters, “The present electoral code of conduct is not compatible with the Constitution to ensure equal opportunities to all for election campaign. This should be amended. If needed, we will seek opinions from the experts.”
However, the Prime Minister’s decision on whether the next elections would be held under the current Parliament is still ‘not clear’, said another Commissioner Mohammad Abu Hafiz.
“We are not clear [about the matter]. We heard what she said recently. Ultimately, the decision will be taken based on political situation. We don’t know yet what will happen if Parliament is dissolved or otherwise,” Hafiz said.
However, the modalities of holding the upcoming parliamentary elections would be decided by Prime Minister Sheikh Hasina, Suranjit Sengupta, a key member of the Special Parliamentary Committee on Constitution, had said recently.
He said if the Prime Minister does not request the President to dissolve the Parliament, the elections would be held before Jan 24. But if it is dissolved, the polls would take place within the next 90 days.
The EC is not clear as to how to maintain the code of conduct during the poll with Parliament in effect and the ministers and MPs taking part in the elections.
BNP has already accused Sheikh Hasina of violating the code of conduct by seeking vote for her party, Awami League, in some recent rallies. But the Commission says the code would become applicable only after the election schedule is formally announced.
Now the EC is looking for ways to ensure equal opportunities for all during the 90-day election period.
Chief Election Commissioner Kazi Rakibuddin Ahmad on Tuesday told reporters that they would create a level-playing field for all. “There is still time. Measures will be taken considering the legal issues.”
The Commission is also ready to hold the elections by Jan 24, he further stated.
One of the Commissioners said they were also evaluating electoral laws of different countries including India, United Kingdom and Canada.
The EC is also thinking ‘how equal opportunities can be ensured’ for all candidates during elections.
But the EC is of the view that there would be no need to amend the Representation of the People Order (RPO) for that. But if required the EC Secretariat after taking EC’s approval could amend the electoral code of conducts within a few days.
The last Election Commission headed by ATM Shamsul Huda during its term had taken opinions from senior lawyer Kamal Hossain, former Attorney General Mahmudul Islam Chowdhury, EC’s lawyer Shahdin Malik to avoid legal complications.
However, the Constitution’s Section 118 to Section 126 mentioned the responsibilities of the Election Commission during the 90-day poll period.
But the present EC will be facing ‘legal complications’ over the electoral code of conducts with the nearing of elections, say former Election Commissioner Md Sohul Hossain.
Hossain, a former Law Secretary, said, “The EC’s role at that time must be transparent. It’s a matter of dealing with the ministers and MPs. Everything must be transparent. It’s better to take legal experts’ opinions if there is still any confusion about any issue.”
The ninth parliamentary election had been scheduled for Jan 22, 2007, but it was postponed and later took place on Dec 29, 2008. The date of the balloting was changed three times even after the election schedules were announced.
Source: Bd news24
