Transparency International Bangladesh (TIB) has voiced its concerns and called for the withdrawal of the Representation of the People Order (RPO) amendment bill currently under consideration in the National Assembly.
TIB also urged specific measures to reform the legal and institutional framework.
The organization has stated that if the bill is passed, it will further diminish the authority of the Election Commission.
The proposed amendment would strip the commission of its existing power to cancel ongoing elections in any constituency if there are justified violations of electoral laws, reads a media release.
The Election Commission is set to lose this authority under the revised RPO presented in the National Parliament, it said.
Dr Iftekharuzzaman, the executive director of TIB, stated: “Last October, the commission postponed the by-election for the Gaibandha-5 seat after observing irregularities through CCTV cameras. This amendment affirms the concerns raised by many observers that the ruling party may feel anxious about such actions by the commission. The change of the term ‘election’ to ‘polling’ in the proposed amendment is not merely a linguistic alteration; its implications are far-reaching. If the commission’s powers are curtailed through the passage of this bill, it will deepen the crisis of confidence in the country’s ability to conduct free, fair, participatory, and impartial elections.”
“Curtailing the commission’s powers to prevent electoral irregularities is undemocratic and unconstitutional. Moreover, the proposed amendment expands opportunities for debtors and defaulters. While the current order requires submission of copies of bank loan and service bill payments seven days prior to the submission of nomination papers, the amendment extends this deadline until the day before the nomination papers are submitted. Given this situation, it is not unreasonable to assert that debtors and defaulters are being incentivized to vote.”
Section 91(a) of the current People’s Representation Order states: “If the Election Commission determines that due to various malpractices, including the use of force, intimidation, and pressure during the election, it will be unable to ensure a reasonable, fair, and lawful conduct of the election, then any polling station or the entire constituency, as applicable, may suspend election operations, including the taking of votes, at any stage of the election.”
The proposed amendment seeks to limit the commission’s power to cancel polling at any stage, including the taking of votes, in any polling station or constituency.
Consequently, if this amendment becomes law, the commission will no longer have the authority to halt elections on a constituency-wide basis when necessary.
