Bangladesh

RPO Amendment: Bill passed in JS amid protest by opposition

EC’s power to halt elections curtailed
Bangladesh Parliament. Star file photo

Defying strong protests from opposition MPs, parliament yesterday passed the Representation of the People Order (amendment) Bill-2023 with a provision for reducing the Election Commission's power to cancel polls.

Law Minister Anisul Huq, however, claimed that the amended law would not curtail the EC's power.

Suspending polls in an entire constituency over disturbances in some polling stations is "undemocratic" and that's why this amendment has been made, he said.

Opposition lawmakers from the Jatiya Party and Gonoforum said the EC is a constitutional body. There should not be any problem if it retained the power, they added.

The MPs said the commission would use the power if necessary. But if the power is taken away, the EC wouldn't have the opportunity to suspend polls even if it deemed necessary.

The EC has hinted that 12th national election will be held either at the end of December or at the beginning of January.

Currently, the EC can postpone an election at any stage if it thinks that it will not be able to hold a lawful election due to irregularities or malpractices.

The amended RPO stipulates that the EC can suspend polls only on the polling day. Also, the commission cannot suspend or cancel the entire results of an election after the declaration of results by the returning officer.

The EC can suspend the results of only those (one or more) polling stations where irregularities have been reported. It can cancel the results and hold new elections at those centres concerned following investigations.

Another provision of the amended RPO allows candidates to settle small loans and pay due telephone, gas, electricity, water, and other government service bills until the day before the submission of their nomination papers. Currently, these loans and bills can be settled seven days before filing of nomination forms.

Taking part in the discussion on the bill, Gonoforum MP Mokabbir Khan said the EC is subservient to the government and laws are enacted in the country for the benefit of some individuals, groups and the government.

He alleged that the electoral system has been destroyed during the tenure of the incumbent government to such an extent that people are not interested in voting.

Mokabbir said people are deeply concerned about the next national election and the concern has spread outside the country. This is because all elections held under party governments are questionable, he said.

"People don't want to see this kind of elections anymore. People want an election acceptable to all under a neutral government."

Jatiya Party lawmaker Fakhrul Imam questioned how the incumbent EC would conduct an impartial election if it is not given the power to suspend polls.

"A big difference has been made by replacing the word 'election' with 'polling' in the bill. Loan defaulters have been invited to run in elections ... ," he added.

Responding to the criticism from the opposition MPs, the law minister said each constituency usually has 100-150 polling stations. The EC's power of suspending polling in all centres is not democratic if violence or irregularities are reported in only 3-4 centres.

"It is against the people's right to vote. Because no violence or irregularities were reported in the rest of the polling centres," Anisul said.

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RPO Amendment: Bill passed in JS amid protest by opposition

EC’s power to halt elections curtailed
Bangladesh Parliament. Star file photo

Defying strong protests from opposition MPs, parliament yesterday passed the Representation of the People Order (amendment) Bill-2023 with a provision for reducing the Election Commission's power to cancel polls.

Law Minister Anisul Huq, however, claimed that the amended law would not curtail the EC's power.

Suspending polls in an entire constituency over disturbances in some polling stations is "undemocratic" and that's why this amendment has been made, he said.

Opposition lawmakers from the Jatiya Party and Gonoforum said the EC is a constitutional body. There should not be any problem if it retained the power, they added.

The MPs said the commission would use the power if necessary. But if the power is taken away, the EC wouldn't have the opportunity to suspend polls even if it deemed necessary.

The EC has hinted that 12th national election will be held either at the end of December or at the beginning of January.

Currently, the EC can postpone an election at any stage if it thinks that it will not be able to hold a lawful election due to irregularities or malpractices.

The amended RPO stipulates that the EC can suspend polls only on the polling day. Also, the commission cannot suspend or cancel the entire results of an election after the declaration of results by the returning officer.

The EC can suspend the results of only those (one or more) polling stations where irregularities have been reported. It can cancel the results and hold new elections at those centres concerned following investigations.

Another provision of the amended RPO allows candidates to settle small loans and pay due telephone, gas, electricity, water, and other government service bills until the day before the submission of their nomination papers. Currently, these loans and bills can be settled seven days before filing of nomination forms.

Taking part in the discussion on the bill, Gonoforum MP Mokabbir Khan said the EC is subservient to the government and laws are enacted in the country for the benefit of some individuals, groups and the government.

He alleged that the electoral system has been destroyed during the tenure of the incumbent government to such an extent that people are not interested in voting.

Mokabbir said people are deeply concerned about the next national election and the concern has spread outside the country. This is because all elections held under party governments are questionable, he said.

"People don't want to see this kind of elections anymore. People want an election acceptable to all under a neutral government."

Jatiya Party lawmaker Fakhrul Imam questioned how the incumbent EC would conduct an impartial election if it is not given the power to suspend polls.

"A big difference has been made by replacing the word 'election' with 'polling' in the bill. Loan defaulters have been invited to run in elections ... ," he added.

Responding to the criticism from the opposition MPs, the law minister said each constituency usually has 100-150 polling stations. The EC's power of suspending polling in all centres is not democratic if violence or irregularities are reported in only 3-4 centres.

"It is against the people's right to vote. Because no violence or irregularities were reported in the rest of the polling centres," Anisul said.

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