For Your Information
Salient features of RPO-1972
Khan Ferdousour Rahman
The Representation of the People Order (RPO), 1972 constitutes the promulgation of President's order number 155 of 1972 and its time-to-time amendments thereof for the conducts of elections to Parliament and matters connected to that in pursuance to the provisions of paragraph 3 of the Fourth Schedule of the Constitution of the People's Republic of Bangladesh. There are total seven chapters and 95 sections in the RPO.
Chapter I (Section 1-2) represents preliminary issues in which extend of the order is endorsed to the whole geographical location of Bangladesh and to be effective forthwith, and various terminologies are defined.
Chapter II (Section 3-6) deals with the Election Commission that is constituted as per Article 118 of the Constitution, its work procedures, requisition for manpower and vehicles or vessels, and authority for such requisition for conducting an election.
Chapter III (Section 7-44) itself is very important that deals with the election procedure. Here the provision for appointment of the Returning Officer (RO), Assistant Returning Officer (ARO) for each Constituency, number of polling centers, Presiding Officers (POs), Assistant Presiding Officers (APOs) and Polling Officers, electoral rolls to ROs for POs, call for nomination paper by ROs, qualification and disqualification for being MP, deposition of money with submission of nomination, scrutiny of nomination paper, publication of list, withdrawal of nomination including action on ground of sudden death of a valid candidate, scrutiny and withdrawal proceeding when delayed, uncontested election, distribution of symbol, election agent, polling agent, attendance of the polling agent, polling hours, polling deadline, use of secret ballot, provision of postal ballot, supply of election materials (ballot boxes, ballot papers etc) to the POs, fixation of number of voters in the polling centers or booth by the POs, arrest or expel of a voter or unwanted person by POs, handing over of ballot paper to the voter by PO after being satisfied, impersonation or false voting, challenged ballot, inadvertently spoilt vote, no voting beyond fixed time, counting of vote, time and date given by RO if counting cannot be completed on same day, drawing of a lot at random in case of a tie, publication of result, retention of result sheet and other documents by RO, return of deposit, retention and destruction of election materials, keeping election documents open for people, and opening of packet on High Court order are covered in detail.
Chapter III A (Section 44A-44D) deals with election expenses. Here the meaning of election expenses, probable source of election fund and assets of the candidate, provision of receive and spend of money by the election agent for the candidate, separate bank account for election expenses, return of election expenses by the candidates to RO within 15 days after result, accounts maintained by political parties for incomes and expenditures and submission details of expenses for election within 60 days to Election Commission; and keeping returns, statements etc open by ROs for public inspection.
Chapter III B includes Section 44E that deals with administration and conduct during election period when District administration, judicial and general shall be at the disposal of the Election Commission. Chapter IV contains Section 45-48.
Chapter V (Section 49-72) deals with election disputes, election petition, stamp required for such petition, dispute with declared result, decision of the High Court and appeal, declaration of full or part election void or tie by the High Court, publication of such decision by the Commission, election petition with the permission of the court when the respondent dies or withdraws petition the court may decide expert, dismissal by the court in default, and determination of cost by the High Court while terminating the case.
Chapter VI (Section 73-90) deals with offenses, penalty and procedure including meaning and connotation of election offense, illegal practice in election, offence of bribery in election, offence of personation, offence of undue influence, restriction of election campaign, election offences of minor magnitude, gross offences by the votes, offences for using force or pressures on voters by the candidates or their supporters, offences at the time of counting by election officials or others, and offence and punishment for election conducting officers.
Chapter VI A (Section 90A-90B) deals with the registration of political parties with the Election Commission.
Chapter VII (Section 91-95) deals with the miscellaneous aspects related with the election activities such as stopping of polls at any polling station at any stage of election if situation demands such, provision to make required orders for ensuring impartially, justly and fairly election, formation of committee to ensure prevention and control of pre-poll irregularities, provision for imposing fine on noncompliance, formulation of code of conduct, making rules by notification in official gazette for carrying out the purpose etc.
Though RPO 1972 is a unique document, but it cannot ensure a complete transparent election due to some weaknesses in few of the provisions. There are few recommendations as follows:
- Existing provision for election from five constituencies at the same time by a single candidate needs to be reduced.
- Provision of election expenditure with total amount of Tk. 5 lacs needs be reviewed.
- Polling hours to be fixed such a way that counting of votes is completed and result declared in the polling center before the sunset.
- Selection of POs/APOs to be made in a transparent way, people should not selected from any controversial organization, such as Islami Bank/PROSHIKA, for any such duty.
- Any election dispute to be solved within specific time may be by three months.
- Declaration of source of income, value of fixed assets and educational background of the candidate to be made open for public information.
- Registration of political parties to be made compulsory otherwise would not be allowed to contest in the election.
- Political parties to be brought under tax payment and their submission of expenditure return to be ensured.
- It will be better if it can be ensured that no one can continue as head of the government for more than two terms.
It is expected that necessary steps to be taken by the competent authority to amend those provisions by replacing with the timely needed new provisions so that the elected members truly represent the mass poor people of Bangladesh.
The write is a freelancer.
