Photo: Anvil Chakma, Amran Hossain, Orchid Chakma, Sk Enamul Haq
Of Queues and Chaos
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Chief Election Commissioner KM Nurul Huda has ruled out any scope of holding fresh election, as demanded by opposition alliance Jatiya Oikyafront.
“There is no scope to hold the national election again,” he said while briefing to media today, a day after the 11th parliamentary election was held.
Rejecting the allegation of ballot stuffing on the night before election, the CEC said: “It is completely untrue.”
Expressing complete satisfaction over the election, he said the voter turnout in the polls was 80 per cent.
Nurul Huda said the election took place with festive atmosphere but there may have some unfortunate incidents during the voting and the commission will investigate the incidents.
HOW WAS THE ELECTION?
Voting for the 11th parliamentary election ended peacefully in Dhaka; but was tainted with violence elsewhere across the country and cost the lives of at least a dozen people.
Reports of casualties came in from Cumilla, Chattogram, Sylhet, Rajshahi, Dinajpur, Rangamati, Cox’s Bazar, Bogura, Noakhali, Narsingdi and Gazipur.
Allegations of vote rigging, election clashes, intimidation and irregularities came in from several other constituencies and capital Dhaka city.
Also, the election saw opposition candidates boycotting elections in at least 43 constituencies; 42 of who were Jatiya Oikyafront runners.
WHY 2018 POLLS IS SIGNIFICANT?
It is after 10 years that Bangladesh and its people are witnessing an election that is being held in participation of all the major political parties.
The last one held on January 5, 2014, was highly debated both nationally and internationally as it saw no election to more than half of the seats.
A total of 153 constituencies out of the total 300 saw lawmakers elected uncontested – an election which was boycotted by prime opposition BNP.
Sheikh Hasina remained in rule for two consecutive terms with the parliamentary opposition of Jatiya Party, which took part in the cabinet of Awami League.
Chief Election Commi-ssioner (CEC) KM Nurul Huda yesterday said the December 30 national election was recognised as successful by world leaders.
“No country or international organisation made any negative comment over the polls. It is our victory,” CEC claimed in a post polls views-exchange meeting with the commission's top officials at the EC secretariat in Dhaka.
The CEC also praised EC officials including Secretary Helal Uddin Ahmed for his role in holding the 11th parliamentary election.
“The message that Bangladesh held a free and fair election has reached every nook and corner of the world and no one has rejected the polls,” CEC claimed.
During the meeting, CEC also called upon all the officials of the commission to prepare for the upcoming upazila election.
The High Court will deliver its order today on a writ petition that challenged the legality of oath-taking of lawmakers elected in the December 30 national election.
Advocate Md Taherul Islam Tawhid filed the petition on January 14, praying to the HC to issue a rule asking the Election Commission and the government to explain why the oath taking should not be declared illegal.
The lawyer also sought necessary HC orders on the authorities concerned to block the new lawmakers from discharging their functions.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal fixed the date after holding a hearing yesterday.
During the hearing, Taherul's lawyer Barrister AM Mahbub Uddin Khokon argued that the oath-taking violated articles 123(3) and 148(3) of the constitution of Bangladesh.
According to article 123(3)(a), parliamentary election shall be held within 90 days of dissolving the incumbent parliament.
“As the 11th national election was held without dissolving the 10th parliament, the polls have breached the constitution,” Barrister Khokon said.
Moreover, as per article 148(3) if a person is required to make an oath before entering an office, s/he shall be deemed to have entered office immediately after the oath.
Following article 148(3), the new lawmakers shall be deemed to have taken office right after they were sworn in, Khokon added.
However, the 10th national parliament which first sat on January 29, 2014 still exists and will continue till January 28 this year as per Article 72(3) of the constitution, he said, adding, “the oath-taking of the lawmakers is hence unconstitutional”.
On the other hand, Attorney General Mahbubey Alam opposed the writ petition saying that the petitioner lacks locus standi or sufficient interest in the matter in question.
“Advocate Tawhid is neither an elected lawmaker nor a candidate of the December 30 election,” the AG said, adding that there is no legal basis for the court to consider the petition.
After Bangladesh's journey began on the path to becoming a modern democracy in 1991, many expected that electoral democracy would gain a strong footing gradually. But that hope and aspiration stumbled for the first slip at the infamous Magura-2 parliamentary by-polls on March 20, 1994. It became a symbol of a rigged election in the era of democracy, which seemed to have been restored after Ershad's autocratic regime came crashing down.
That by-election brought two issues to the fore: that a free and fair election was not possible under a partisan government, and that the Election Commission was not free at all under a political government. The by-polls helped the Awami League-led opposition parties of that time to intensify their campaign for the introduction of a non-partisan, election-time government.
In the face of a strong campaign launched by the opposition, a caretaker government provision was introduced in the constitution and, subsequently, four national elections were held under non-partisan caretaker governments. Those elections were, by and large, free from the controversy of vote-rigging and ballot-stuffing. But the caretaker government system was annulled from the constitution following a court verdict. And we saw a resumption of the old tactics of vote rigging, with polling centres being run over by party cadres, ousting of polling agents, stuffing and snatching of ballot boxes, and intimidation of voters.
Then came the two controversial national elections of 2014 and 2018. While the BNP boycotted the 2014 election, the 2018 election saw 153 ruling-party-aligned candidates elected uncontested amid widespread allegations of irregularities. There were allegations that ballot boxes were stuffed the night before the election, and the opposition camp lost the election even before voting had begun.
In recent times, we have also witnessed voter turnouts gradually declining, which is surely an ominous sign for democracy.
After around three decades, if we look back at that fateful by-election of Magura, we would realise that the situation has not changed much. It happened again at the Gaibandha-5 by-election. The issue of by-elections came into discussion once again when seven BNP lawmakers – the only BNP candidates who had managed to win in 2018 – resigned. After their resignation, the Election Commission announced the election schedule, and the ruling Awami League and the main opposition in parliament, the Jatiya Party, nominated their respective candidates. But the Brahmanbaria-2 by-poll stole the show as a former BNP leader (after having been expelled from his party), Ukil Abdus Sattar, contested the election as an independent candidate.
Sattar had been elected five times from the constituency and had been state minister as a technocrat. His loyalty to the party was unquestionable. Following an order from the party high command, he had resigned from parliament, but made a surprise turn-around as he decided to contest the by-election as an independent candidate, in turn getting himself expelled from the BNP. The belief held in his constituency is that Sattar is contesting the polls for two reasons – first, he was trapped by the government and second, out of fear that he would not get the party ticket for the next election as he is over 83 years old.
Another reason is that BNP leader Rumeen Farhana has a high probability of getting the party nomination in the next election from that constituency. For Sattar, his political future is almost ending. Many in the constituency have also said that it is actually Sattar's son who is trying to "make his future" through this by-election.
This particular by-election attracted further attention when all three ruling Awami League aspirants – it was open to anyone interested to run – withdrew their candidacy following the directions of party high-ups. It turned out to be a cakewalk for Sattar. On AL's part, it was presumably a good gesture to let a senior politician of the opposing camp have a last hurrah, since he is most likely at the twilight of a long and distinguished career. However, it is so rare that this incident is certain to go down in history as a very likely one-off where the ruling party favoured an opposition candidate.
The ruling Awami League has repeatedly said that the next election will be a free, fair, and inclusive one. BNP sent a strong message through the resignation of its lawmakers, saying that it was not making empty threats when saying that the party would not join any elections under the incumbent government. And Awami League appeared to have countered this with a tactic of sending a message to BNP aspirants, saying they might get an open field if they break away and run during the elections. Then, Awami League could claim the elections to be inclusive and also be certain of retaining office.
It is often said that in politics, there is no last word. Through Sattar's participation, the ruling Awami League will try to prove a few things, particularly that BNP's decision to resign from the parliament was wrong, and will send a message to BNP leaders and aspirants that they may have a chance in the next polls if they betray their party and create a few cracks in what has so far remained steadfast determination. It is perhaps BNP's biggest achievement of the last 15 years that the party remained intact, with none of its stalwarts breaking away. But Sattar's election may have an impact.
But one must wonder whether this move was indeed a good strategy for the ruling party. Is politics just a voting game? Should there not be moral or ideological practices in politics? After all, the one thing politicians must keep in mind is that once someone is labelled as a traitor, it hangs around their neck like the fabled albatross.
BNP had to rig the Magura by-polls in 1994 to back their claim that their popularity had not decreased. Three decades later, the AL took on a different strategy and let an independent candidate win to coax out aspirants from BNP's fold. In 1994, although BNP won the polls, it was defeated in politics. The Awami League might console itself with a self-congratulatory chuckle thanks to Sattar's victory. It might almost seem that the Awami League has manipulated a win in the first skirmish. But will such a stratagem or tactic win them the war?
Mohammad Al-Masum Molla is deputy chief reporter at The Daily Star.
The national election of December 30 has turned the life of Mofiz Uddin upside down -- and all for supporting BNP.
From a decent tea-shop vendor at Rabeya market of Bonkishore village in Rajshahi's Tanore upazila, the 48-year old man now works on a potato field.
“I have been a dedicated BNP worker since the 90s,” Mofiz said. “If I have committed a crime, it would be my engagement with BNP.”
In a tin-roofed earthen room under a Koroi tree at the market, Mofiz started the shop and ran it for over the last 20 years.
Furnished with a television, eight chairs, five tables, four benches and a few racks of bakery items, sweets and groceries, his tea-shop fetched him around Tk 3,000 a day to support his family of seven.
On December 21, Mofiz joined the election campaign for BNP candidate Aminul Haq when the latter went to Pachondor union.
Later that evening, a group of stick wielding men went to the market and ransacked the outside of his tea-shop, according to eye-witnesses.
“The attackers were outsiders, not known to me,” said a local businessman.
“I heard about the attack on my shop when I reached home, after campaigning that day,” said Mofiz. A friend of his called him from the market and told him to hide as the attackers were looking for him.
Until polls day, local AL men used the tea-shop as the election office of Awami League candidate Omor Faruk Chowdhury.
“Two days after the election ended, some local AL workers damaged what was left of the shop, including the earthen room, tin-roof, furniture, television, and everything else inside.”
Locals told this correspondent that they heard the AL men would build a party office in that place.
When contacted, Reaz Uddin, president of AL unit at Pachondor ward-2, said, “We are yet to decide on building our office there. If not an office, we may construct a passengers' shed that will come to the use of many.”
He said the land was 'khas' and Mofiz had been illegally occupying it.
On the identity of the attackers, he said, “Nobody knows them. They were wearing helmets and came to the village on motorcycles.”
He denied that it was local AL men who had damaged the shop after the election.
“It was Mofiz's brother, nephew and son who damaged the shop,” he said. On why Mofiz's own relatives would damage the shop, Reaz did not have an explanation.
When contacted, Rajshahi Superintendent of Police Md Shahidullah said they had not heard about the incident.
“We will investigate all allegations of post-election violence,” said the SP, adding that police circulated a message in the district so that no one would spread fear among others over feuds during the election.
Upon losing his source of income, Mofiz began work as day labourer on the potato fields to make ends meet, earning a mere Tk 300 a day.
“I am living in fear. I could not even go see the condition of my shop, the one I so dearly built from scratch,” he said.
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