The Bangladesh Journal - Deeper changes in RPO1972 and election code of conduct

By Dr. Mustafizur Rahman : It appears that the draft revised RPO 1972 (Representation of People Order 1972) and the proposed code of conduct prepared by the Election Commission already incorporate many recommendations put forward by us and many other individuals and organisations.

The Election Commission (EC) is expected to act as a service organisation effectively discharging its entrusted duties within the mandate given to it. Unlike most executive organs, it is expected not to seek power for punishment with judicial authority. The revision of laws and code of conduct must reflect this understanding in wordings, provisions and conditionally.

1) Authentic voter list and information to voters: The Election Commission shall prepare an electoral roll with voters' photograph and biometrics for each constituency, including all eligible voters as of the date of voting (with a margin of 75 days), and ensure that every enlisted voter receives a notification of his registration as voter, mentioning his voter number and the name and address of his polling centre at least 30 days before the date of voting. The notice card may be delivered by post or by hand or by other recognised means. The Local government bodies may well be involved in the process.

2) Keeping trace of present addresses: A citizen is registered at his permanent address, and any change in the address is officially reported within not more than 15 days. The person always remains registered for voting purpose in one location only. This is a common practice where the local government system functions effectively. There may not arise any problem of double entry within the country.

3) Disqualification for being elected: The scope of "holding office of profit" should be extended to include any remunerating job in public or autonomous organisation, elected public office like Chairman, member or mayor of any local-government bodies, or any remunerating private office as director or chairman of any company, or office bearer of any professional association or society not supposed to carry out any political activities. Any candidate must submit along with his nomination paper a proof and undertaking that he has already relinquished such position, if he held any.

4) Campaign meeting venue: The Election Commission shall designate and arrange in moderate way some facilities in specific public places, school or college grounds etc., for campaign meetings by all the candidates in respective constituencies in rotation as may be decided by lottery or mutual agreement. Local Upazila and Union Parishad chairman and members, if available, shall be involved in this exercise for their constructive non-partisan assistance to election officials.

5) Billboard: The Election Commission shall, at own cost, put up sufficient number of billboards in different public places, population centres, market places, etc., in consultation with local Upazila and Union Parishad chairman and members for pasting posters of the candidates at specifically numbered locations allotted to them by lottery or on mutual agreement for each billboard. The billboards shall be removed within not more than 10 days after the election (where by-election is not due).

6) Introduction of candidates by state radio and TV: The Election Commission shall arrange to introduce all candidates in state radio and TV in designated format during campaign period;

7) Ballot paper with candidates' photograph: The ballots shall include photograph of each candidate against his name and symbol, if any,

8) Voting by expatriate Bangladeshis: The Election Commission shall arrange voting for eligible expatriate voters through Bangladesh Missions abroad, or through postal or electronic media voting system with effect from January 1, 2008 unless this date is changed by further notification by the EC for unavoidable circumstances;

9) Pre-poll irregularity and corrupt practice control: The Election commission shall include elected local government body members in the electoral inquiry committee to keep vigilance, and record all pre-poll and poll irregularities and corrupt practice, if any, and help their prevention whenever possible, including stoppage of polling, and cancellation of poll result in any concerned polling station.

10) Campaign and campaign period: All candidates shall designate their agents and campaign managers, and report their names to the election office concerned, who will also be responsible for compliance with the election laws, rules and regulations. The campaign period shall be 15 days ending at 00.00 hours (mid-night) of the day before the day of election.

11) Political party registration: a) The Election Commission shall recognise as political parties in connection with election, the groups or organisations which have fixed head office, and are registered with competent authority as political parties, with their own democratic constitutions, account for their earnings and expenses and provide the names of the general members and members of the elected executive bodies. Any parliamentary group may not automatically mean a political party unless it is registered as a political party. The party shall be registered as a juridical body with the Joint Stock or other registration office before registration with the Election Commission.

b) A political party, for the purpose of interpretation here, shall be a registered association of 75 or more voters, paying subscription or membership fee, with the sole aim of representing their political will according to a democratic constitution of theirs and through a declared manifesto; provided that the members shall not be those who are in the service of the state, or who failed to declare their allegiance to the Constitution of Bangladesh and that the party constitution shall not include anything inconsistent with the national Constitution,

c) A registered political party for its valid operation shall have a fixed Head office, a list of registered members paying subscription, maintains a proper accounts of all its receipts and expenditures.

d) All political parties shall submit their annual accounts along with relevant information to concerned tax offices as well as Election Commission Secretariat, and shall abide by all laws.

The scope of activities, conditions of qualifications, limitations, method of registration and all other matters related to Political Party, shall be determined by order made by the President.

e) Subject to the provisions of law, any Political Party shall secure their fund only through voluntary payment of regular subscription and / or donations by their registered members.

f) No political party or its members shall be permitted to seek or accept any donation, gift or contribution from any foreign organisation, individual or government for any purpose.

g) No citizen shall be taken as a member in more than one political party at a time. The intending member shall certify the fact of his eligibility before registration as a member. A member of any Political Party shall have the right to withdraw his registration by stopping payment of membership fee and giving the party a notice to that effect in writing.

h) A Political Party shall not be permitted to carry out any commercial activity or to seek from or force any individual or organisation to make any contribution in any form.

12) State payment for election campaign: The Election Commission shall reimburse a sum of Tk.3,00,000 (Taka 0.3 million) in any constituency, in proportion to votes won, among the candidates whose direct and indirect election expense is not more than Taka 0.3 million, and who wins at least ten percent of the total valid votes cast in the constituency.

13) Protection of human rights and public or private property: The Election Commission shall, during election period, take measures for protection of fundamental rights and freedoms, and respect for dignity and worth of human persons, and observance of the constitution and protection of public or private properties as guaranteed by Article 11 and 21(1) of the constitution, the violation of which by any candidate or his representative or anybody on his order, patronage or finance in connection with election or campaign, shall disqualify the candidate for the election or make his membership suspended or forfeited after official declaration as may be decided by the Election Review Board or any competent court.

14) Restriction on political affiliation of professional association, institutes or organisation: Any professional, such as a doctor, a lawyer, an engineer, an architect and the like is supposed to forfeit his professional license for his gross professional negligence, and no professional elected representative of any professional bodies such as Bangladesh Medical Association, Lawyers Association, the Engineers Institute, Teachers Association, Trade bodies and so on, shall publicly represent any political party. No professional body or association shall carry out any political activity on behalf of any political party.

15) Restrictions on party politics by students: (1) The students shall not be incited, allured or otherwise exploited by any group, political party, individual, religious organisation or any other organisation for any purpose other than education, temporary voluntary work for public welfare, professional training or social work only under the guidance of teachers or instructors.

The state shall protect the students from any political exploitation.

(2) The students, that is, the persons attending any educational institution can form only one association or union solely for their welfare activities, and shall not join any political party or take part in any political or anti-social activities or violence within or outside their campus. Students of one welfare association shall not have any association with similar bodies of other educational institutions.

(3) In recognition that, the future of the nation very much depends on the students at any time, no group, party, organisation or individuals shall be allowed to exploit the students for their own interest by distracting them from their academic activities. The state may make necessary law to protect the students from any exploitation for any purpose other than their education, training or field work, provided that students can render voluntary social service under the guidance of their teachers or instructors at the time of national disaster or crisis.

(4) Political parties or their affiliated organs are banned from registering any students as their members, the violation of which provision shall lead to cancellation of the registration of the political parties concerned.

16) Provision on people's right of enactment on direct initiative: (a)To enact this provision for peaceful exercise of people's power given in Article 7(1), whereby people will have the right to enact laws or approve or reject any Act or laws or part thereof passed by the parliament after registration of a petition therefore addressed to the speaker signed by at least ten percentum of the total number of registered voters, provided every legislative constituency is represented by at least three percentum of registered voters thereof as prescribed by law (may be elaborated for removal of MPs, and Local body representatives).

(b) To ban Hartal or Auborodh (Siege) or infringement of others' basic right, as the provision of "people's right of enactment on direct initiative" provides alternative means of effective expression of serious grievances against any law or action of the government.

17) Election review board: An Election Review Board may be established to expeditiously deal with election law violation and other election-related matters. It shall be empowered to cancel the election result of any particular constituency, or to reverse the election result in favour of the qualified second highest vote winner if gross violation by the declared winner is established.

18) Political fund control: All political parties, independent lawmakers and contesting candidates must report all political expenses every fiscal year and preserve receipts thereof for four years, particularly those for amounts exceeding Tk. 500. All donations must be recorded and those exceeding Taka one thousand shall be recorded with full particulars. All permissible donations or gifts shall be subject to a 10% tax payment. As parliament membership is a full-time law making job, all MPs shall be paid a political expense fund of Taka seventy five thousand a month to maintain political liaison and research offices and staff in his constituency and at the capital, in addition to his remuneration.

It may be an opportunity for the Election Commission to consider the suggestions and educated recommendations of different thinkers to make rules and guidelines for fair elections and healthy and honourably serving political atmosphere in Bangladesh.

(The writer is Chairman, Institute of Development Strategy, Dhaka. The views expressed here are of the author's own and not necessarily of the organisation he represents. E-mail: idsrahman@msn.com Tel: 8855112.)

© The Bangladesh Journal