The Electoral Reform Commission is likely to recommend an investigation into irregularities during the last three national polls held under ousted prime minister Sheikh Hasina.
It is also of the opinion that the election commissioners who oversaw those polls breached their oath of office to preserve the constitution, according to commission Chairman Badiul Alam Majumdar.
The reform commission may recommend appointing election commissioners through a search committee with representatives from the government, the opposition, and the third-largest party in parliament.
Besides the restoration of the caretaker government system, capping the tenures of a prime minister at two terms and a proportional representation system, the reform commission is likely to recommend giving more powers to the Election Commission.
While discussing the updates on the reform commission’s work with The Daily Star recently, Badiul said the other points under consideration include increasing women’s seats in parliament, the reintroduction of “no vote” on ballot papers, and allowing Bangladeshi migrants to cast their votes from abroad.
PUNISHMENT ‘A MUST’
The last general election in January had been at the centre of controversy as it was not competitive and inclusive due to a boycott by the major opposition parties, including the BNP. The AL had to field dummy independent candidates, many of whom were leaders of the party, to make the polls appear participatory.
The 2018 election became controversial with opposition parties alleging ballot-box stuffing the night before election day. In January 2019, the Jatiya Oikya Front alleged before the EC that between 30 and 60 percent of the votes were cast the night before.
The same month, Transparency International, Bangladesh, in a study found that stamping of ballots took place the night before election day in more than one centre in 33 of the 50 surveyed constituencies.
The 2014 election was one-sided, in which 153 lawmakers out of 300 were elected unopposed as most of the opposition, including the BNP, boycotted the election.
The AL-led alliance won more than two-thirds majority in all three national elections held under the Hasina government.
A section of police officials on Tuesday admitted that they were under pressure from higher authorities while performing duties during the last three national elections.
In a meeting with the reform commission, they also alleged that there were “financial transactions” during the polls.
The reform commission members believe that the election commissioners, by overseeing the “controversial” elections in 2014, 2018 and 2024, breached their “oath to preserve, protect, and defend the constitution.”
Its chief Badiul said everyone is aware of how those elections were conducted.
“We are considering these issues so that no one can get the scope to evade accountability for their wrongdoing. Those responsible should be brought to justice and punished. These elections need to be investigated. If the question of justice arises, the matter must be investigated first. These are our considerations while preparing the recommendations,” he said.
He emphasised the EC’s role as a constitutional body and said that the election commissioners took an oath to uphold the constitution and ensure the democratic system will be effective through free, fair, and neutral elections.
“By failing to do so [hold fair polls], they have violated the constitution on one hand and breached their oath on the other,” Badiul added.
The reform commission is also thinking about how to hold the election commissioners accountable if they are involved in irregularities.
It is considering proposing legal provisions to take action against the commissioners through investigation in such cases, said a member of the reform commission, who wished not to be named.
MEANINGFUL CHANGES
Badiul said that they are considering a recommendation to change the law under which the chief election commissioner and other election commissioners are appointed.
The government can appoint its desired people as CEC and election commissioners under the law, he said. “There are weaknesses in the law.”
To avoid manipulation of the system, the reform commission chief said, representatives from the opposition and the third-largest party in parliament, along with the treasury bench, should be included in the search committee responsible for selecting nominees for the CEC and other election commissioners’ posts.
The commission is likely to recommend restoring the provision of the Representation of the People Order, 1972 (RPO) that empowered the EC to postpone elections at any stage after announcing the schedule.
After an amendment in July 2023, the EC now can postpone elections only on the polling day.
He noted that the RPO includes provisions for taking action against those committing electoral offences, but no significant action was seen in the past.
Asked about his thoughts on empowering the EC, Badiul said, “We will try to increase the powers of the independent Election Commission. It is under our consideration.”
He said, “It is also important to mention that we cannot make any individual independent. According to the constitution, the Election Commission is already independent. However, we cannot force someone to act independently if they have a subservient attitude.
“That is why we are advocating for a law to ensure the appointment of neutral individuals as the CEC and ECs. If this happens, meaningful changes can take place.”
PROPORTIONAL REPRESENTATION
Badiul said the reform commission would keep the issue of introduction of a proportional representation system “under serious consideration”, along with the restoration of a caretaker government to oversee national elections; and limiting the tenures of the prime minister to two terms.
He noted that these issues, as well as the introduction of bicameral legislation, and direct elections to women’s seats, are related to constitutional amendments. The government formed a separate commission for constitutional reforms.
“Members of the two commissions are discussing ways to ensure coordination between their proposals on such matters,” Badiul said.
Proportional representation is an electoral system in which seats in parliament are allocated to political parties based on the proportion of votes they receive in an election.
About the caretaker government system, Badiul said, “Recently, the High Court delivered a verdict regarding the restoration of the caretaker government. This is now a reality, and we are considering it in our recommendations.”
Asked about increasing the women seats and direct election to these seats, Badiul said that this will ensure women’s “true representation” in parliament.
The commission may recommend increasing the seats for women to 100, which will take the total number of parliamentary seats to 400.
Direct votes to these 100 seats would be held for three election cycles, with women competing women for these seats, he said.
He said that they are thinking about the reintroduction of “no vote” option on the ballot papers.
“No vote” option was on the ballot papers in the 2008 polls. Around 3,82,000 people cast “no vote” in that election, said EC officials.
The reform commission is also likely to propose some other changes, including the requirement for candidates to disclose their foreign assets in their affidavits.
The interim government constituted the electoral reform commission on October 3 and sought its report within 90 days.
Since then, the commission has taken proposals from stakeholders, including political parties, former CECs, members of different citizen platforms, and general people.
“We are at the final stage of our work and hopeful that will be able to submit the report within the stipulated time,” Badiul said.
Daily Star
