That a day would come when the Election Commission would do anything beyond perfunctory efforts to stop electoral irregularities was unthinkable even a few days ago. But the unthinkable has happened. The suspension of the Gaibandha-5 by-poll, after voting was stopped in 50 out of 145 centres amid widespread irregularities and a mass boycott by all but one candidate, is an extraordinary move, an exercise of the highest power granted to the EC. We welcome the EC for showing such courage – a rarity for bureaucrats-turned-commissioners – which is perhaps the only silver lining to an otherwise botched operation. But courage alone will not be enough to ensure fair elections, nor can it make up for the EC's – and by extension, the administration's – inability to control the Gaibandha situation.   

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Situation went ‘out of control’

The suspension decision has, justifiably, stunned both political parties and election observers, who noted its unprecedented nature in the recent history of parliamentary elections. But too much focus on the merits of the decision risks taking away from the fact that serious irregularities did occur, in the presence of election and law enforcement officials no less. The EC cited irregularities including illegal presence of individuals in polling booths, voters being forced to vote for a certain candidate, criminals cutting the cables of CCTV cameras, etc. The situation was "out of control", it said. Some candidates also alleged that their agents were forced out of the centres. An independent candidate even said that Awami League men didn't allow him to cast his own vote.

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Is Gaibandha-5 by-poll a prelude to the main show?

So, while it's true that the EC took a drastic decision in its first brush with parliamentary elections, it is also true that it did so in the face of tremendous odds. If this is a sign of things to come, we have every reason to worry about the upcoming national election. Right now, the challenge for the EC is to get the Gaibandha-5 by-poll back on track. But it also has to investigate all reported irregularities and the potential complicity of election officials, and punish those responsible. Otherwise, all this will amount to nothing but a token concession to disgruntled opposition parties.

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‘I must thank the Election Commission’

Until Wednesday, the EC largely appeared to be appeasing the ruling party in election-related decisions. It allowed the use of electronic voting machines (EVMs) in the upcoming national election, despite protests from most political parties. It refused to punish high-profile violators of electoral codes. It failed to send a strong message to field-level administrators – deputy commissioners (DCs) and superintendents of police (SPs) – after their grievous misconduct in a recent conference. As well as setting examples of neutrality and transparency in all its actions and preventing any collusion among election officials and the ruling party, the EC also has to figure out a way to secure unconditional support from the administration.

This is a tall order indeed, and we remain unconvinced that the EC can navigate all these challenges and hold fair elections on its own. This is why the support of all stakeholders, especially the ruling party and the administration, is vital. The public has grown tired of watching violent and non-participatory elections year after year. The authorities must find a way to avoid that in the future.

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?

The passing of the Representation of the People Order (Amendment) Bill, 2023 in parliament is an extremely worrying development. At a time when we are all looking forward to a free and fair election – which is presupposed by the independence of the Election Commission – the passage of the bill, which will reduce the power of the EC to cancel polls, will only dampen the possibility of it being free and fair. On the face of it, the message is obvious: the rule has been passed to restrain the EC.

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Shouldn’t the EC be saying how it will make elections free and fair?

Already as it exists through law and practice, the EC is hamstrung in many ways. For example, even though the law says that during elections, the administration is supposed to work under the EC, this is only on paper; in reality, it does not happen at all. The chief election commissioner himself has spoken about it. And it has been widely reported on and discussed as well. Now, the EC's hands have been further tied legally.

Specifically, there are two aspects in the amendment that are worrying. The first is the curtailment of the EC's power to suspend polls. The law minister has justified the move by saying that suspending polls in an entire constituency over disturbances in some polling stations is "undemocratic." But what happens if irregularities occur in the majority of polling centres? Will the EC have to stamp its approval just because voting could happen without irregularities in some centres? The amendment takes the same problem to the other extreme. Moreover, the law minister's claim seems to give the impression that the EC would just whimsically suspend polls. Surely, under ideal circumstances, the EC would suspend polls only if it deemed it absolutely necessary.

The second issue is the curtailment of the EC's mandate to suspend polls from during the election period – which is typically about 40 days from when the election schedule is announced to the election day – to only on the "polling day." So, from around 40 days, the EC's power to suspend polls has been reduced to only one day and that also only in the troubled centres. But what happens if large-scale irregularities happen before the officially declared election day, which has blatantly taken place before?

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Column by Mahfuz Anam: Free and fair elections for our sake, not because of US visa policy

Again, these are clear indications that the bill has been passed to constrain the EC's operating capacity. Given the history of our elections and timidity of ECs and their commissioners, it has made the prospect of free and fair elections further improbable.

BNP Secretary General Mirza Fakhrul Islam Alamgir today claimed that Bangabandhu Sheikh Mujib Medical University (BSMMU) prepared BNP Chairperson Khaleda Zia’s medical report last night, but they could not submit it before the court under pressure from the government.

“According to an unofficial source, the medical report of Khaleda was prepared by the BSMMU last night. But it (the process) was halted under the direct pressure from the government,” Mirza Fakhrul alleged at a press conference at the party’s Nayapaltan office today.

The entire nation was disappointed after the court rejected the lawyers’ plea for hearing Khaleda’s appeal today and later deferred the date of hearing, he also said.

“We were observing with utter surprise and concern that BNP chairperson was denied facilities at the prison cell from the very beginning of the case,” he alleged.

Terming the rejection of Khaleda’s bail as inhumane and against the existing law, Fakhrul said, “In such case, the bail is supposed to be granted within seven days. But it was not happened in the context of Khaleda rather her bail appeal has been obstructed in every steps.”

About Prime Minister Sheikh Hasina’s comment against Khaleda, Fakhrul said the premier is interfering in the judiciary.

The prime minister yesterday came down heavily on BNP chief Khaleda and termed her the “godmother of terrorism” in the country.

With that remark, the PM and her government showed fear to BSMMU authorities as they (government) do not want bail of Khaleda.

“Release of Khaleda is not a matter of kindness rather it is her legal right. Everything is planned to keep her away from politics which is completely illegal,” he further claimed.

The BNP leader said there is a death risk of Khaleda, if she was not treated properly and the government will be responsible for not treating her.