The Representation of the People's Order outlines the authority of the Election Commission (EC) to instigate administrative reshuffles, but election experts claim that the EC lacks real power.
Organizing fair and participatory elections is contingent on government goodwill and cooperation, the experts said.
According to the Representation of People Order (RPO), certain high-ranking officials, including Divisional Commissioners, Metropolitan Police Commissioners, Deputy Commissioners, Superintendents of Police, and their subordinates, cannot be transferred without consulting the Election Commission once the election schedule announcement has been made.
EC Secretary Md Jahangir Alam assured the Dhaka Tribune on Friday that the Commission possesses the capability to monitor and ensure fair polls. He specified that the EC would address issues related to the transfer of officials mentioned in the RPO, not the entire government.
Citing examples of the EC exercising its power, Alam referred to the postponement of the Gaibandha-5 (Fulchhari-Saghata) by-elections due to irregularities and the transfer of Jamalpur DC for making political statements.
Former election commissioner Brig Gen (Retd) M Sakhawat Hossain highlighted instances where the EC's directives were overlooked, emphasizing the need for strict implementation of existing regulations to conduct fair elections.
In 2016, the then-SP Harun ur Rashid was withdrawn during the local union parishad election in Gazipur, but later he was reinstated in Gazipur without the permission of the Election Commission, the former election commissioner said.
Another example occurred in 2011 during the Narayanganj City Corporation Election, when the Huda Commission sent a letter to the Armed Forces Division, but it was not implemented, he added.
Badiul Alam Majumdar, secretary of SHUJAN, urged the Commission to focus fully on implementing existing regulations, as this is crucial for fair and impartial elections.
However, two commissioners, speaking anonymously to Dhaka Tribune, stressed that trust is relative and the commission operates within the bounds of the law.
In a recent “Youth Matters Survey” conducted by BYLC and CPJ, 74% of young voters expressed confidence in the commission, indicating a desire to vote in the upcoming 12th national parliament election on January 7. However, 55.3% of young respondents believe the country lacks a peaceful situation.
A recent meeting of the Bangladesh Election Commission with delegations from neighbouring countries, including India, highlighted the comparable powers held by the Election Commission of Bangladesh and India, according to former Chief Election Commissioner of India Dr SY Quraishi.
Quraishi emphasized the independence of India's Election Commission during elections, stating that it assumes the duties of an interim government, rendering the ruling government ineffective until the election concludes.
"After the announcement of the election schedule in India, the commission gets all-time powers. There is no prime minister, no chief minister; no one can take any decision without the permission of the EC," he said.
He personally thinks that there is no reason why the Bangladesh Election Commission should not be trusted. However, there may be a question of acceptability over some of the previous elections that resulted in one-sided victories.
