Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 913 Thu. December 21, 2006  
   
Point-Counterpoint


A presidential ordinance for fair election


For the greater interest of the nation, and to overcome the present crisis of trust in the electoral arrangement we, the general people, can only hope that the president and the caretaker government will come forward with an ordinance to restore trust in the election system. It is proposed that the short title of the ordinance be "Election Code Supplementary Ordinance, 2006," which shall read as follows:

Whereas it is expedient to ensure that election to the parliament or local bodies are free, fair, impartial and peaceful, and are based on an authentic electoral roll and informed choice of the voters, this ordinance is hereby made with immediate effect.

Disclosure of a candidate's private information: Notwithstanding anything contained in any existing electoral law, election code of conduct, the representation of the people order, 1972, and other election laws, rules and regulations --

The Election Commission (EC) shall, with the nomination paper of each parliamentary or local body election candidate, collect the following information in the form of an affidavit and disseminate it to the voters for making an informed choice:

(a) Candidate's brief resume including academic qualifications (with certificates when so required for confirmation);

(b) Present criminal accusations, if any, for any offence for which a charge is framed or cognizance is taken by the court of law, and which is punishable with imprisonment for two years or more;

(c) Any records of past criminal cases, where the candidate was sentenced to imprisonment for a term of not less than two years, and 5 years have not yet elapsed after the release;

(d) Candidate's profession/occupation;

(e) Source, or sources, of the candidate's income, and the record of income tax paid in the last three years, mentioning TIN number;

(f) Election manifesto of the candidate for the coming term;

(g) Description of the role he played in fulfilling his commitment to the people, if the candidate was a parliament member before;

(h) Description of assets (immovable, movable, bank balances, etc.) and liabilities (including present bank loans, other liabilities and dues) of the candidate and his dependents, supported by copies of wealth statements submitted to the income tax office in the last three years;

(i) Particulars and amount of loans taken from banks and financial institutions personally, jointly or by a dependent, or of loans taken by a company, where the candidate is a director or the chairman, from banks or financial institutions;

j) Names of companies, organizations, or businesses where the candidate has an interest; and where probable conflict of interest may arise if he is elected;

k) Proof that he has relinquished all his executive positions or offices of profit, if he happens to hold any, in the service of the republic or in any semi-government, autonomous or private organization as an operating director, or in local government bodies as mayor, chairman or executive enjoying remuneration or benefit. And that he does not represent any foreign company or foreign interest as agent personally, or through any company owned or headed or managed by him.@

(l) The reasons for contesting the election;

(m) Whether the candidate acquired citizenship of, or affirms or acknowledges allegiance to, a foreign state; and

(n) The candidate's specialty leadership vision that can contribute to good law making that may lead to national well being.

Provided that any nomination paper not including this information shall be liable to be rejected.

Campaign meeting venue: The Election Commission shall designate and arrange some facilities in specific public places, school or college grounds etc. for campaign meetings by all the candidates in rotation, decided by lottery or mutual agreement. Local Upazilla and Union Parishad chairmen and members, if available, shall be involved in this exercise for giving constructive nonpartisan assistance to election officials.

Bill board: The Election Commission shall, at its own cost, put up sufficient number of billboards in different public places, population centers, market places, etc. in consultation with local Upazilla and Union Parishad chairmen and members, for pasting posters of the candidates at specifically numbered locations allotted to them by lottery or by mutual agreement. The billboards shall be removed within 10 days after the election (where by-election is not due).

Introduction of candidates by state radio and TV: The Election Commission shall arrange to introduce all candidates via radio and TV during the campaign period;

Authentic voter list: The Election Commission shall ensure that every enlisted voter receives a notification of his registration as voter, mentioning his voter number and the name and address of his polling center. This should be done at least 25 days before the date of voting. The notice or registration card may be delivered by post or by hand. The voter list shall be sent to all Union Parishads before, or simultaneously with, the announcement of the election schedule, and local elected body members shall be asked for assistance in correcting any omissions or duplication, or wrong/false entry in the voter list.

Voting by expatriate Bangladeshis: The Election Commission shall arrange voting for eligible expatriate voters through Bangladesh missions abroad, or through postal or electronic media voting system, with effect from January 1, 2007, unless this date is changed by further notification.

Pre-poll irregularity and corrupt practice control: The Election Commission shall include elected local government body members in the electoral inquiry committee to keep vigilance and record all pre-poll and poll irregularities and corrupt practices, and to help prevent those whenever possible by stoppage of polling or cancellation of poll result in the concerned polling station.

Vote counting and declaration of poll result: The Election Commission shall ensure that all the ballots shall be counted at the polling centers, immediately after voting is closed, in presence of the election officials and the agents of the candidates and any available elected member of a non-party local govt. body (Union Parishad or Upazilla Parishad member), and the unofficial result shall be recorded and made public right there.

Election Tribunal: The Election Commission shall form election tribunals before commencement of polling. They shall also dispose of all the cases of election law violation within fifteen days after declaration of the election result. If any case of reversal of election results arise in favor of the second, or the next highest vote winner due to revelation of gross violation of the election code, or cancellation of poll result or by-election, the Election Commission shall implement the tribunal judgment, including holding of necessary re-polling within 30 days after the last election, so that all the elected members can take oath and participate in the parliament from the 1st session.

In case a seat is vacated by a person elected in more than one constituency, the Election Commission shall declare the second highest vote winner as the elected member.

Campaign and campaign period: A candidate shall designate his agents and campaign managers, who will also be responsible for compliance of the election laws, rules and regulations, and give their names to the election office concerned. The campaign period shall be 15 days, ending at 00.00 hours (mid-night) of the day before the day of election;

Political party registration: The Election Commission shall recognize as political parties, in connection with the election. Those associations or organizations that are registered with the competent authority as political parties with their own democratic constitutions that account for their earnings and expenses, and include the names of the members of the elected decision making bodies. Any parliamentary group may not automatically mean a political party, unless it is registered as a political party.

State payment for election campaign: The Election Commission shall reimburse a total sum of Tk.3,00,000 (Taka three lac) in any constituency, in proportion to votes won. Among the candidates whose direct and indirect election expense is not more than Taka three lac, and who wins at least ten percent of the total valid votes cast in the constituency concerned. The candidates shall, within ten days of declaration of the election result, submit the accounts of such expenses to the concerned election office, along with a claim for reimbursement, mentioning the number of votes earned by the candidate and the number of valid votes cast in the constituency concerned. If no election violation by the candidate, or in the constituency concerned, is reported then the payment shall be remitted to the candidate's bank account, within ten days of oath taking of the elected members.

It is strongly felt that it will be a great service to the people and the state if the president and the care-taker government urgently consider the proposal for the interest of not only a fair election in 2007 but also for setting up of a system of fairness that the people have been longing for since 1971.

Mustafizur Rahman is Chairman, The Institute of Development Stategy, Dhaka.