EC proposes ‘No Vote’ option, bars fugitives in draft election law

The Election Commission (EC) has finalized the draft of the Representation of the People Order (Amendment) Ordinance, 2025, proposing to bar fugitives from contesting elections and to introduce a "No Vote" option in single-candidate constituencies to prevent uncontested polls.

“We’ve sent the draft law to the law ministry after finalizing it,” Election Commissioner Brig Gen (retd) Abul Fazal Md Sanaullah said on Wednesday while briefing reporters at Nirbachan Bhaban on the proposed changes.

Under the draft, the definition of law enforcement agencies has been expanded to include the armed forces – Army, Navy, and Air Force – allowing them to act alongside traditional agencies such as the police, APBn, Rab, Ansar, BGB, and Coast Guard during elections.

Previously, the armed forces were part of this definition but were removed by the Awami League government during its first term after the 2008 general election. Consequently, they were deployed only as striking forces in the 2014, 2018, and 2024 national polls.

The proposed amendments also require candidates to submit income tax returns, probable sources of income at home and abroad, and a statement of property of themselves and their dependents domestically and internationally along with nomination papers. Providing false information in the affidavit could lead to annulment of parliamentary membership at any time during the tenure.

Other proposed changes include:

  • Increasing the election security deposit from Tk 20,000 to Tk 50,000.
  • Mandating alliance-backed candidates to use their own party’s symbol rather than allied party symbols.
  • Disqualifying any person holding the position of president or any other office in the managing committee of an educational institution located within the constituency.

On the issue of fugitives, Sanaullah said: “A person who has been declared a fugitive by any court shall be disqualified from contesting elections or serving as a member of parliament.”

Explaining the ‘No Vote’ option, the election commissioner said that if only one candidate contests in a constituency, the election must be held between the candidate and the ‘No Vote’ option.

According to Article 19 of the draft RPO, if only one candidate remains after withdrawals, the election will take place between that candidate and the ‘No Vote’ option. If ‘No Vote’ receives more ballots than the candidate, a fresh election will be scheduled. The new poll will not include a ‘No Vote’ option, and if there is still only one candidate, that candidate will be declared elected.

The draft ordinance also strengthens the authority of presiding officers, allowing them to stop polling at a station if the process is disrupted beyond control, or if ballot boxes are unlawfully removed, destroyed, lost, or tampered with to the extent that results cannot be determined. “The presiding officer will be all-in-all over the polling at a polling station,” Sanaullah said.

Currently, the RPO does not permit presiding officers to halt polling without first seeking assistance from law enforcement agencies and failing to restore order.

The draft ordinance will become law if approved by the council of advisers and promulgated by the President after vetting by the law ministry.