We appreciate what appears to be the first sign of flexibility in the administration about forming a poll-time government ahead of the national election. The prime minister on Monday hinted that a poll-time government with parties having representation in parliament could be formed. By the same logic, however, she rejected the possibility of the BNP, whose MPs had resigned from parliament last December, being a part of it. She also ruled out any dialogue with BNP as it leads a nationwide anti-government movement.

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Without support from bureaucracy, EC can’t hold fair elections

There are a number of takeaways from the PM's statement. First of all, the apparent willingness to bring opposition elements in the government marks a departure from the bellicose posturing that we have come to expect from ruling-party politicians. But that hardly rises to the level expected in the present environment of distrust, with BNP edged out of the process on a technicality. Also, the PM's tone, alluding to "our generosity" for forming such a government, leaves doubt about how impactful it might be. One thing that we don't want to see is token representation without real power.

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Secondly, BNP remains the biggest opposition party regardless of its representation or lack thereof in parliament. So, how judicious is it to exclude it from a potential poll-time government or any dialogue on said government and the election in general? Dialogue at the top level may not be on the cards right now, but mid-ranked leaders from both parties can, and should, start the process. Dialogue is essential for any solution to the current political impasse.

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Is the EC fighting an unwinnable war?

Thirdly, formation of a poll-time government is but a means to an end, which is to ensure that those in charge have the trust of all political elements and the general public so that they can deliver a fair and credible election. So how should that government be formed? The PM offers a way, but it cannot be the only way. Any poll-time government without the representation of main political elements will not solve the pressing issues we face. Also, how will it perform? Will it be unidimensional where everything is decided from the top, as it is now? These things must be considered going forward.

As the chief election commissioner repeated on Monday, the commission alone cannot hold a fair election without the help of the government. Without taking away from the responsibility of the EC, we think that some sort of a credible power structure in the driving seat is a crucial precondition for any fair election.

We are deeply saddened by the passing of former Election Commissioner Mahbub Talukdar (80). With his death, we have lost one of the most rebellious voices in the history of electoral politics in Bangladesh. A freedom fighter who taught Bangla at Chattogram University before the war, Talukdar joined civil service in 1971, and since then, served in various capacities till his retirement. Perhaps his most remarkable time as a bureaucrat was when he was at the Election Commission (2017-2022), where he emerged as a lone crusader against the ills of our electoral system. He never hesitated to speak up or criticise the commission's own decisions that he believed went against the interests of citizens.

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The voice for inclusive polls falls silent

Mahbub Talukdar will thus be remembered as a fierce advocate for fair and inclusive elections, the importance of ensuring a level playing field for all parties and candidates, and of course, people's right to vote. As a commissioner, he set inspiring examples of righteousness and boldness, sometimes by walking out of EC meetings or issuing notes of dissent, all aimed at making the country's electoral system acceptable to the people. He believed it was the EC's sacred responsibility to organise free and fair elections, saying: "I will fight for fair elections till the end of my tenure." This he did, as faithfully and honestly as possible. One particular aspect of his fight was his position against the use of EVMs without the consent of all parties – something that the present commission can learn from.

He believed it was the EC's sacred responsibility to organise free and fair elections, saying: "I will fight for fair elections till the end of my tenure."

We remember how, in a bid to make city corporation polls fair, he protested against MPs' engagement in electioneering during such polls. He untiringly protested against voter suppression and other electoral irregularities, including ballot-stuffing the night before the controversial 2018 national election, which he said "gave us nothing but the shame of failure." At the same time, he spoke for reforms in the overall electoral system to avoid such interventions. His integrity, honesty and patriotism were unparalleled.

Mahbub Talukdar was also a multi-talented personality. A man with a golden pen, he was a well-known poet, a short story writer and a novelist. He had 44 books to his credit, mainly on poetry and fiction. He received the prestigious Bangla Academy Literary Award for his contribution to children's literature. A family man, he believed in the traditional culture of the land.

But it is his legacy as a revolutionary election commissioner that we cherish the most today. Will we have another one like him, who will defend the interests of citizens with such courage?

In June this year, many had described the Cumilla City Corporation elections as a "trial run" for the Election Commission's competence in organising polls, especially in terms of using electronic voting machines (EVMs). The results, unfortunately, left much to be desired. Not only did the EC fail to enforce electoral law when a local MP defied its code of conduct, but there was a great deal of controversy around the use of EVMs as well, leading to pandemonium during the declaration of results. The chaos surrounded the fact that there was no mechanism to audit or verify the results, or to question the influence of election officials operating the machines, regardless of how dubious said results might seem.

On what scientific basis did the EC decide on using EVMs? And how does it answer the questions being raised about its independence?

Civil society organisations are continuing to raise such concerns to this day. According to SHUJAN: Citizens for Good Governance, there is a huge lack of transparency surrounding EVMs, especially the audit cards via which election results are collected, and which can be tampered with in the absence of a voter-verifiable paper audit trail. There are also confusions over whether EVM software can be manipulated. Beyond that, there are worries that the provision for EVM overwrite by election officials – where the presiding officer is allowed to use the ballot when there are issues with the EVM registering fingerprints – could also be used to manipulate election results.

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These concerns have been repeated by opposition political parties as well. However, we have not seen the EC take any concrete steps to set their minds at ease. In fact, the EC has declared that EVMs will be used in around 150 constituencies in the next general election. This will require the use of around 5 lakh audit cards, meaning it will be impossible to find the time and resources to run forensic analysis on such a huge number of cards to ensure they are not tampered with. On what scientific basis did the EC decide on using EVMs? And how does it answer the questions being raised about its independence?

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EC’s big nothing: From a crowning moment to a humbling experience

The EC has claimed it will do everything to ensure free and fair elections. To this end, it has even held dialogues with opposition parties, but the decision regarding EVMs makes clear that their demands were taken lightly. Over the past week, we have also witnessed BNP rallies in multiple districts being systematically attacked by ruling party men, sometimes with the help of police. Does the EC still believe this is a conducive environment for free elections? And if not, what does it intend to do about it?

It is up to the EC to ensure that the people are able to cast their votes. Against the backdrop of increasing election violence and political repression, choosing a system of voting that has been roundly described by experts as dampening voter turnout is yet another wrong decision from an increasingly long list curated by the EC.

Observation by local and foreign observers may help add credence to the status of fairness of election and make them credible at home and abroad, the chief election commissioner (CEC) said in a letter to the EU.

CEC Kazi Habibul Awal was responding to a letter sent by the European Union informing him of its decision not to send a full-fledged observation mission for Bangladesh's upcoming national election.

"As I appreciate EU decision on the subject, I feel urged to assure you that with required assistance received from the government, Election Commission (EC) will exert its best to ensure free, fair, participatory and credible elections. Government is also repeatedly making its pledges to achieve this end," the CEC said in the letter dated September 23.

"Nevertheless, observation by local and foreign observers may help add credence to the status of fairness of election so as to make that credible at home and abroad.

"Be that as it may, I believe the European Union (EU) will nonetheless continue to support, in whatever way deemed expedient, our efforts in making the ensuing general parliamentary elections free, fair, participatory and credible," the letter added.

EU communicated its decision to the EC through a letter to the chief election commissioner on Wednesday.

"Based on the recommendations of the exploratory mission -- and taking into consideration the budget for EU Election Observation Missions for 2023/2024 -- High Representative Josep Borrell has decided not to deploy a fully-fledged EU Election Observation Mission," read the EU letter.

"The High Representative's decision reflects the fact that, at the present time, it is not sufficiently clear whether the necessary conditions will be met at the point in time when the elections take place," read the letter written by EU Ambassador to Bangladesh Charles Whiteley.

The recent image of a Jubo League leader carrying a ballot unit panel of an electronic voting machine (EVM) after snatching it during a by-poll in Chattogram's Boalkhali upazila is the latest addition to a growing list of examples as to why EVMs may not be suitable for conducting a free and fair election in Bangladesh. Neither the assistant presiding officer nor the on-duty members of the law enforcement agencies were able to prevent the mighty Jubo League's union level leader Nirmalendu Dey Sumon from taking the EVM ballot unit panel away.

They were unable to recover it either; Awami League's union President Ratan Chowdhury recovered the panel and returned it to the polling centre.

This incident occurred only a few days after Chief Election Commissioner (CEC) Kazi Habibul Awal said no one had yet made a sound and objective complaint about the use of EVMs, and the commission had taken a stand in favour of EVMs after conducting several tests. Would the CEC now, at the least, agree that his several tests didn't include robbing of ballot-equivalent parts of their very expensive toy? Clearly he has been oblivious to the arguments made by most of the political parties, except the ruling Awami League and its allies. There's even stronger opposition to the idea of using EVMs among the citizenry and civil society organisations. Have the polling officers not blamed these machines' inefficiency for slowing down the voting process, which left many voters frustrated and contributed to lower turnout?

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While speaking at a workshop in Cox's Bazar on March 11, the CEC, perhaps unwittingly, revealed the Election Commission's obsession with EVMs when he said, "The Election Commission is always in favour of conducting elections using EVMs. We are also working to find innovative modern technology for future elections." His comment that "so far, there has been no objective complaint about rigged elections using EVMs" suggests that he has conveniently forgotten that these EVMs do not have any option for verifying voting records, owing to a design fault of not including the voter-verifiable paper audit trail (VVPAT) system.

Even though it has abandoned the ambitious plan to hold 50 percent of the next parliamentary election through EVMs due to the country's ongoing financial crisis, the EC still appears to be aiming at using EVMs in quite a significant number of parliamentary seats. On March 15, the commission decided to ask the finance ministry for allocating Tk 1,260 crore (equivalent to more than $1 billion) for repairing 110,000 EVMs. This means each EVM unit will cost Tk 115,000, which is nearly half the purchase price.

It was reported in this daily that each EVM was bought for Tk 235,000, a price 11 times costlier than neighbouring India. When better EVMs (including VVPAT) cost much less, then why does the EC want to repair discredited junk?

Earlier, it was reported in the media that about 40,000 EVMs were beyond repair. When these EVMs were introduced, the EC bought 150,000 EVMs, which means there's none, or very few, usable EVMs available now. Even then, the commission is insistent on having some EVMs in the upcoming parliamentary election.

According to Election Commissioner Anisur Rahman, the Election Commission just wants a pledge that its request would be approved. He told the media, "If we are assured of the required funds, we will go for the work immediately. We can even make half payment to the Machine Tools Factory in this fiscal year and the rest in the next fiscal year." This shows the EC's resolve to go the extra mile to have as many EVMs being used in the next election as possible.

It was reported in this daily that each EVM was bought for Tk 235,000, a price 11 times costlier than neighbouring India. When better EVMs (including VVPAT) cost much less, then why does the EC want to repair discredited junks?

Such an extraordinary emphasis on having elections in some constituencies make us wonder whether there's more to this than meets the eye. It may sound cynical, but questions can be raised whether the intention is to allow the workers of the ruling party to cover their unlawful act of pressing voting buttons for their candidates in the name of assisting the voters. Besides, allowing election officials up to one percent of the voters in a polling booth to cast votes through EVMs in the event of fingerprint mismatch also increases risks of manipulation.

The amount of money that the Election Commission is seeking to repair faulty EVMs is almost double the money allocated for the last parliamentary election – which was also a record in our electoral history. Available data shows that the allocation for the last national assembly election was Tk 700 crore, when the voter number was 104 million. The EC's original plan was to have voting in 150 constituencies through EVMs, and for that it sought Tk 8,711 crore, which would have cost us 14 times more than the previous election. In a way, the ongoing economic predicament has saved us from an exorbitant waste.

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Political dialogues: The long road to nowhere

Under these circumstances, it would be sensible to abandon such a wasteful wish, and concentrate on other crucial preparatory work for the coming election instead. CEC Habibul Awal, in his public statements, has acknowledged that there is a crisis. The reason for the crisis is evident in his words, "We still do not see a consensus among parties regarding the upcoming general election, which is essential. We do not want any political crisis before or during the elections."

It's well understood that the CEC doesn't want to take the role of a mediator, but getting an agreement from the contending parties on the rules of the game beforehand is not someone else's responsibility. 

Kamal Ahmed is an independent journalist. His Twitter handle is @ahmedka1