Election Commission officers have proposed reforming the Representation of the People Order (RPO) in order to give their field officials more authority during parliamentary election.
They say the field officials should be given magisterial power to promptly deal with election-time irregularities – an idea opposed by both the Awami League and the BNP.
Apart from additional power, Election Commission officials also want the field officers to act as returning officers with magisterial power during the national polls.
Currently, the field officials can serve as returning officers without such authority during the by-polls and local government elections in line with the electoral system created based on the constitution.
Traditionally, the commission gives the roles of returning officers with magisterial power to the deputy commissioners (DC) of the districts only during the parliamentary election.
An official of the commission, asking not to be named, told the Dhaka Tribune that the Shamsul Huda-led commission had proposed to employ Election Commission officials as returning and assistant returning officers in the national election.
But Huda’s successor Kazi Rakibuddin Ahmad and his commission did not agree and continued employing the DCs as returning officers following the tradition.
The official said allegations of corruption and irregularities were raised against the returning officers during the 2014 general election.
“Magistrates generally have enough power that can influence any election. When administrators are given that power, they gain more confidence to figure out opportunities for corruption and spread political influence,” said the official. “We fear that the national polls can be politically influenced because most DCs are either directly or indirectly involved in politics.”
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“Most commission officials have proposed giving them the magisterial power to ensure a free and fair election. But to do that, the RPO will have to be amended,” the official added.
Saying the EC officials’ demand was logical, former election commissioner Brig Gen M Shakhawat Hussain alleged that everything regarding the recruitment and promotion of the DCs gets priority by political consideration.
“The DCs can be influenced because of their political ties. But EC officials will not be politically influenced,” he added.
“The EC can give its officials magisterial authority if it thinks they can work better with this power.”
Shakhawat suggested appointing some, if not all, EC officials as returning officers in the next national polls, due between late 2018 and early 2019.What AL and BNP thinkBNP Standing Committee Member Abdul Moyeen Khan told the Dhaka Tribune that the issue of magisterial power during elections had been a controversial matter.
“Magistrates deployed on the election day already have the power, while the issue of providing magisterial power to other civil officers or commission officials will depend very much on the category of the officers or in other words, to which level this magisterial power can be authorised to.”
“I think the real issue is not about the power itself but about whether it is exercised under political influence or in a rational, fair and neutral way,” he said. “Ultimately, the decision rests on the commission’s real motive.”
Khan said his party wanted only the army to be deployed with that very authority on the election day.
Awami League Joint General Secretary Mahbubul Alam Hanif also questioned the commission officials’ demand for more power.
“Their purpose should be clarified first… [and] they should also point out the downsides of the current system,” he told the Dhaka Tribune.
Hanif said there were “many precedents” of abusing magistracy power in Bangladesh. “Some people cannot properly utilise this power most of the time. So I think magisterial power should not be given to everyone as it could be misused,” he added.
Badiul Alam Majumder, secretary of citizens’ platform Sushasoner Jonno Nagorik (SHUJAN), said the constitution’s Section 119 granted the Election Commission enough power to take necessary measures to ensure fair polls.
“A Supreme Court verdict had also said that the commission and its officers hold the power to revoke the results of any election in case of any irregularities, corruption, or foul play. The returning officers can stop the balloting too if necessary.”
Badiul, however, said: “Even if the commission’s field officials are given this magisterial power, I think they won’t be able to maintain law and order during polls, because the corrupted won’t simply obey them.
“The commission will have to be strict in this case. If that happens, obstructing their duty will become very hard for anyone. But if not, then fair election won’t be certain.”
He also suggested deploying the army to maintain law and order and avoid such irregularities during the balloting.
Badiul stressed that magisterial power should not be given to anyone, even to the army. “The army should play its usual role on the election day and the DCs with magistracy authority should accompany them.”
Giving anyone the magisterial power was a very risky thing to do as there were always high chances of power abuse, he added. “The power itself will lose importance if it is misused. So it should be given to people chosen carefully.”EC: Demand logical, but matter of discussionElection Commissioner Kabita Khanam said their proposal for more power for the field officers was logical as they face problems during every election.
“Their opinions and demands must be taken seriously. In the meantime, the proposals that are reasonable, easy and timely to make selection process will be identified,” she said.
The commission’s Acting Secretary Helaluddin Ahmed said: “Our field officials made their demands and suggestions after we asked for their opinions. After listening to everyone, the commission will decide which proposals will be accepted.”
The commission, now led by Chief Election Commissioner KM Nurul Huda, on July 16 this year announced their 18-month work plan for the 11th national polls.
As part of that roadmap, it held talks with the civil society on July 31. Dialogues with the media were held on August 16 and 17. It started talks with the political parties last Thursday.