Citizens’ petition on the Election Commission

This has happened for the first time in Bangladesh's history. Last week, a group of conscientious citizens called on the President of the Republic to form the Supreme Judicial Council (SJC) to investigate allegations of graft and other misdeeds committed by the incumbent Election Commission (EC). An eight page memo was attached to the appeal, detailing the alleged gross irregularities committed by the chief election commissioner (CEC) and other members and high officials of the Commission.

Article 96 of Bangladesh's Constitution provides for the formation of the SJC, comprising of the chief justice and two other senior-most judges of the Appellate Division of the Supreme Court, to probe allegations against Supreme Court judges, the Election Commission and other constitutional bodies, and recommend removal of individuals involved in the allegations. The concerned citizens were firm in their conviction that "the allegations against the present EC will be found true in the probe".

At a press briefing after releasing the contents of the appeal, the signatories stated that "the current EC has broken the record of corruption, irregularities and misconduct compared to that of previous ECs". They went on to claim that through its conduct, "the EC has betrayed the blood of the Father of the Nation and freedom fighters and let down democracy". The Commission members and the chair were called upon to voluntarily refrain from conducting their activities pending the investigation.

The members of civil society alleged that the EC spent Tk 2 crore for delivering speeches as "special speakers" and Tk 4.08 crore in recruiting staffers for the Commission. Gross misconduct and irregularities were also committed in the purchase and use of electronic voting machines, and holding the 11th parliamentary elections, and also elections to Dhaka North and South city corporations and Khulna, Gazipur, Sylhet, Barishal and Rajshahi city corporations. The allegations were firmly shored up with evidence.

The petitioners noted that with the current EC at the helm, the country is in a deep crisis. They felt at this critical juncture, the nation looks up to its guardian to act as s/he enjoys immense moral and legal authority. They felt that the list of alleged wrongdoings of the EC only reveals that it was not a single act of omission or indiscretion, but a series of misconducts and other irregularities that the EC resorted to since taking office. Thus, finding no other recourse, the group appealed to the President.

The petitioners did not merely express apprehension of the EC's misconduct and irregularities; they furnished documentation to substantiate their claim. Included among those are excerpts from statements of the CEC and other commissioners, secretary of the Commission, facts and figures provided by the EC on the 2018 elections in response to a petition filed under the right to information act by Citizens for Good Governance (SHUJAN), and reports carried by credible media establishments that were not contested or challenged by the EC. The appeal was not premised on a normative ground but was on robust pillars of the Constitution, the supreme law of the land.

Anyone with rudimentary knowledge in state matters knows that receiving money in exchange for anything other than salary and allowances while holding constitutional positions is a clear violation of Article 147(3) of the Constitution. Appropriation of more than Taka two crore without delivering lectures surely constitutes gross misconduct.

One of the commissioners had alleged that in November 2019, the CEC committed irregularities amounting to Taka four crore in appointing employees of the Commission. Likewise, using a vehicle in addition to the two allotted, some commissioners squandered state resources, according to Bangladesh Protidin. Thus, examples of such irregularities have convinced the petitioners that an investigation by the SJC on the allegations would lead to the impeachment of the election commissioners.

The petitioners pointed out to the President that the EC failed to take action for breach of election code in pre-election periods and during election violence and gross irregularities. It also failed to provide any explanation about the inconsistencies in vote counts, including 100 percent casting of vote in as many as 213 centres during the 2018 elections. No less significant was the data released by the EC that in 590 centres, all votes were cast in favour of a single candidate. The EC's inability to clarify was palpable in the mismatch of number of votes between those signed by the Returning Officers on the polling day and the centre-wise data that was made available subsequently. In 32 constituencies, there was a rise in the number of votes (45,596) and in 19 other constituencies, there was a drop in votes by 5,820. There was a staggering 30 percent difference in voter attendance between those centres where electronic voting machines were used and those where ballot papers were used. In the final segment of their plea, a range of irregularities in holding city corporation polls of Dhaka (north and south), Khulna, Gazipur, Sylhet, Barishal and Rashahi were cited. The petitioners felt all these constitute grave misconduct by the EC.

The citizens' plea has received widespread coverage in print, electronic and social media, triggering a range of responses. Many found it as a much-needed civic assertion against rampant wrongdoings by state institutions. They felt it may mark the beginning of non-violent resistance by the effectively disenfranchised common citizens. Unfortunately, some ruling party leaders have viewed it otherwise. The citizens' group was branded as belonging to the Bangladesh Nationalist Party (BNP) gharana (school) and it was asserted that many of them are known for their "anti-government" leanings. It has been claimed that what the group has suggested essentially reflects the BNP position.

The response is not surprising. The spectrum of the legion that signed the petition adequately reflects their diversity of ideological moorings and political orientations. Included among them are self declared Awami League sympathisers, freedom fighters, retired senior civil servants and professionals with impeccable credentials, eminent jurists, rights workers, corruption crusaders and development practitioners. If they had anything in common, it was their concern about the gradual emasculation of the constitutional bodies such as the EC and the erosion of civil and political rights, including the right to franchise.

The EC is an independent body. The 42 citizens have alleged wrongdoings against the persons currently staffing this important state institution. As conscientious citizens, they have exercised their right to express their opinion and communicated their concern to the head of the state.

The EC is not an organ of the government and therefore, the government has no reason to defend the EC. There is no scope to make this an issue between the government and the opposition or the government and dissenting intellectuals. Those in government need to understand that even if the SJC finds the EC guilty as alleged, results of their actions, including that of holding questionable elections, cannot be undone. Therefore, it will be good for the democratic journey of Bangladesh if the executive refrains from intervening in a matter pertaining to private citizens and the President.

The petition of the 42 concerned citizens has opened a new vista in Bangladesh's political history. For the first time active citizens, the real upholders of democracy, have implored the head of the state to trigger Article 96 of the Constitution to protect a vital state institution. One hopes that the President sees the merit of the petition and carries his pledge to honour and protect the Constitution.

C R Abrar is an academic with interest in migration and human rights. He is a signatory to the petition sent to the President on December 14, 2020.