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The High Court yesterday rejected a writ petition that had challenged the legality of oath taking of the lawmakers elected in the December 30 polls.
A HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal passed the order considering that petition was not filed properly.
After the order, lawmakers elected in the 11th parliamentary polls have no bar to perform their duties, said Attorney General Mahbubey Alam.
Also read: HC order on petition against oath-taking of MPs today
On January 14, advocate Taherul Islam Tawhid filed the petition praying for a rule on the Election Commission and the government to explain why the oath taking should not be declared illegal.
The lawyer also sought necessary HC orders on the authorities concerned to prevent the new lawmakers from discharging their functions.
Meanwhile, petitioner's lawyer barrister AM Mahbubey Alam told The Daily Star that they would file a fresh writ petition with the HC challenging the same issue.
The tenure of the 10th parliament will expire on January 28 and new lawmakers will take charge on January 30.
International media widely covered yesterday's national election that saw deadly clashes and accusations of vote rigging.
In a news report, the Associated Press said it received more than 50 calls from people across Bangladesh, who identified themselves as opposition supporters.
They complained of intimidation and threats, and being forced to vote in front of ruling party men inside polling booths, it mentioned.
"Hasina's use of the state machinery to subjugate the opposition virtually ensures her electoral victory," Sasha Riser-Kositsky, a South Asia analyst for the New York-based Eurasia Group, told AP.
Minutes before the polls opened, a BBC correspondent saw filled ballot boxes at a polling centre in Chittagong city. The presiding officer declined to comment.
Only the ruling party's polling agents were present there and several other polling centres in the port city.
BBC's South Asia Regional Editor Anbarasan Ethirajan said if the opposition's claims of widespread vote rigging are proved, then it will likely to raise questions over the credibility of the election process and the legitimacy of the new government, according to a BBC report.
The Guardian in its report headlined “Bangladesh opposition reject 'farcical' election and demand new vote”, mentioned that dozens of candidates pulled out, claiming the ruling Awami League rigged the country's first contested election in a decade.
The Election Commission told Reuters that it was investigating allegations of vote rigging coming from across the country.
“Allegations are coming from across the country and those are under investigation,” SM Asaduzzaman, a spokesman for the EC, told the news agency.
The Economic Times of India reported that the voting in a tense election to choose a new government in Bangladesh ended amid allegations of manipulations by ruling party men.
The Times of India highlighted the introduction of EVMs in six parliamentary constituencies for the first time in a general election, a move which received mixed responses from the voters amid reports of glitches at some booths.
Urging BNP to find out the reasons behind its defeat in the last general election, Prime Minister Sheikh Hasina yesterday said a party that failed to mobilise people for a movement cannot win public support in the election fray.
“BNP has many reasons for their defeat in the December 30 election. One is their failure to wage anti-government agitation involving people,” she said.
The prime minister was addressing a discussion marking Bangabandhu's Home Coming Day from Pakistani prison on January 10, 1972 after Bangladesh got independence.
Bangladesh Awami League Central Working Committee organised the discussion at Bangladesh Krishibid Institution.
Prime Minister Sheikh Hasina, also President of the Awami League, was in the chair while party leaders Amir Hossain Amu, Tofail Ahmed, Matia Chowdhury Sheikh Fazlul Karim Selim, Mahbubul Alam Hanif, Jahangir Kabir Nanak, Abdur Rahman, AFM Bahauddin Nasim, AKM Rahmatullah and Shah Alam Murad, among others, took part in the discussion.
Party leaders Dr Hasan Mahmud and Aminul Islam conducted the meeting.
Other reasons for BNP's debacle in the election is their misdeeds in 2013, 2014 and 2015, the prime minister said, adding that people didn't forget their mayhem when they torched more than 3,900 transports, burnt more than 3,500 people of whom more than 500 succumbed to injuries.
“Women, children, elderly persons, students and even trees could not escape from their attacks. So, how can they expect that people will vote for them?” she asked.
The Prime Minister said choosing a fugitive convict to head the party is also a major cause for BNP's defeat in the election.
“As their main leader is serving in prison for stealing an orphanage's money, her son was made acting chairperson, who was convicted in a number of cases including a case for smuggling 10 truckloads of arms and ammunition, the 21 August grenade attack and a money laundering case where FBI has given deposition against him.
“Was there no leader in BNP except a convicted person to be made their chairman?” Sheikh Hasina asked.
She said trading with nomination is another major cause of BNP's disaster in the election.
“They [BNP] put their nomination in auction and the highest bidder got nomination. Many of them met with me and spoke of their anguish,” she said.
Above all, the prime minister said BNP has given nomination to 25 leaders of Jamaat the entity of which was declared illegal by the country's highest court.
She said, “People of Bangladesh now believe in the spirit of the Liberation War and they will never vote for any war criminal.”
Sheikh Hasina said the Father of the Nation has liberated the country, but people of Bangladesh suffered immensely for 29 years from 1975 to 1996 and from 2001 to 2008 as anti-liberation forces ruled the country during that time.
“People of Bangladesh found prosperity only when Awami League was in power as the party is guided by the principles of Bangabandhu,” she said, adding that “economic emancipation of the people is our main goal and we want to establish peace and security in public life.”
The prime minister said Awami League had framed its election manifesto aimed at making Bangladesh a developed and prosperous nation in South Asia.
She said post 1975 rulers had tried to thwart out all achievements of Bangladesh by killing Bangabandhu on August 15, 1975.
Bangladesh could not go ahead because of their conspiracy and failure.
During the discussion, Sheikh Hasina expressed gratitude to the countrymen for casting their vote for Awami League and to the professionals for overwhelming support in the election.
She said next five years would be a hard time for her party as the government must continue the pace of development and take forward Bangladesh toward prosperity as pledged by it.
After Bangladesh's journey began on the path to becoming a modern democracy in 1991, many expected that electoral democracy would gain a strong footing gradually. But that hope and aspiration stumbled for the first slip at the infamous Magura-2 parliamentary by-polls on March 20, 1994. It became a symbol of a rigged election in the era of democracy, which seemed to have been restored after Ershad's autocratic regime came crashing down.
That by-election brought two issues to the fore: that a free and fair election was not possible under a partisan government, and that the Election Commission was not free at all under a political government. The by-polls helped the Awami League-led opposition parties of that time to intensify their campaign for the introduction of a non-partisan, election-time government.
In the face of a strong campaign launched by the opposition, a caretaker government provision was introduced in the constitution and, subsequently, four national elections were held under non-partisan caretaker governments. Those elections were, by and large, free from the controversy of vote-rigging and ballot-stuffing. But the caretaker government system was annulled from the constitution following a court verdict. And we saw a resumption of the old tactics of vote rigging, with polling centres being run over by party cadres, ousting of polling agents, stuffing and snatching of ballot boxes, and intimidation of voters.
Then came the two controversial national elections of 2014 and 2018. While the BNP boycotted the 2014 election, the 2018 election saw 153 ruling-party-aligned candidates elected uncontested amid widespread allegations of irregularities. There were allegations that ballot boxes were stuffed the night before the election, and the opposition camp lost the election even before voting had begun.
In recent times, we have also witnessed voter turnouts gradually declining, which is surely an ominous sign for democracy.
After around three decades, if we look back at that fateful by-election of Magura, we would realise that the situation has not changed much. It happened again at the Gaibandha-5 by-election. The issue of by-elections came into discussion once again when seven BNP lawmakers – the only BNP candidates who had managed to win in 2018 – resigned. After their resignation, the Election Commission announced the election schedule, and the ruling Awami League and the main opposition in parliament, the Jatiya Party, nominated their respective candidates. But the Brahmanbaria-2 by-poll stole the show as a former BNP leader (after having been expelled from his party), Ukil Abdus Sattar, contested the election as an independent candidate.
Sattar had been elected five times from the constituency and had been state minister as a technocrat. His loyalty to the party was unquestionable. Following an order from the party high command, he had resigned from parliament, but made a surprise turn-around as he decided to contest the by-election as an independent candidate, in turn getting himself expelled from the BNP. The belief held in his constituency is that Sattar is contesting the polls for two reasons – first, he was trapped by the government and second, out of fear that he would not get the party ticket for the next election as he is over 83 years old.
Another reason is that BNP leader Rumeen Farhana has a high probability of getting the party nomination in the next election from that constituency. For Sattar, his political future is almost ending. Many in the constituency have also said that it is actually Sattar's son who is trying to "make his future" through this by-election.
This particular by-election attracted further attention when all three ruling Awami League aspirants – it was open to anyone interested to run – withdrew their candidacy following the directions of party high-ups. It turned out to be a cakewalk for Sattar. On AL's part, it was presumably a good gesture to let a senior politician of the opposing camp have a last hurrah, since he is most likely at the twilight of a long and distinguished career. However, it is so rare that this incident is certain to go down in history as a very likely one-off where the ruling party favoured an opposition candidate.
The ruling Awami League has repeatedly said that the next election will be a free, fair, and inclusive one. BNP sent a strong message through the resignation of its lawmakers, saying that it was not making empty threats when saying that the party would not join any elections under the incumbent government. And Awami League appeared to have countered this with a tactic of sending a message to BNP aspirants, saying they might get an open field if they break away and run during the elections. Then, Awami League could claim the elections to be inclusive and also be certain of retaining office.
It is often said that in politics, there is no last word. Through Sattar's participation, the ruling Awami League will try to prove a few things, particularly that BNP's decision to resign from the parliament was wrong, and will send a message to BNP leaders and aspirants that they may have a chance in the next polls if they betray their party and create a few cracks in what has so far remained steadfast determination. It is perhaps BNP's biggest achievement of the last 15 years that the party remained intact, with none of its stalwarts breaking away. But Sattar's election may have an impact.
But one must wonder whether this move was indeed a good strategy for the ruling party. Is politics just a voting game? Should there not be moral or ideological practices in politics? After all, the one thing politicians must keep in mind is that once someone is labelled as a traitor, it hangs around their neck like the fabled albatross.
BNP had to rig the Magura by-polls in 1994 to back their claim that their popularity had not decreased. Three decades later, the AL took on a different strategy and let an independent candidate win to coax out aspirants from BNP's fold. In 1994, although BNP won the polls, it was defeated in politics. The Awami League might console itself with a self-congratulatory chuckle thanks to Sattar's victory. It might almost seem that the Awami League has manipulated a win in the first skirmish. But will such a stratagem or tactic win them the war?
Mohammad Al-Masum Molla is deputy chief reporter at The Daily Star.
BNP candidate Abdus Sattar Bhuiyan has been elected in Brahmanbaria-2 following yesterday's re-polling in three centres of the constituency.
Sattar bagged 1,274 votes yesterday and won with a total of 83,997 votes.
His closest rival Moyeen Uddin, an independent, bagged a total of 75,419.
Sattar had already been leading the polls with 82,723 votes, said Election Commission officials.
The number of constituents under the centres was 10,572. Only 4,300 voted yesterday, said Returning Officer Hayat-Ud-Dwollah Khan as he announced the unofficial result.
There were a total 132 polling centres in Brahmanbaria-2.
Voting was suspended in three centres during the December 30 election due to violence. The centres are Jatrapur Government Primary School, Bahadurpur Government Primary School and Sohagpur Dakkhin Government Primary School.
Including this, eight lawmakers have been elected from the BNP-led Jatiya Oikyafront. The Awami League-led alliance won 288 seats.
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