The High Court bench of Justice JBM Hassan and Justice Md Khairul Alam came up with the orders and rules following two writ petitions.
Notably, Luna is the wife of missing BNP leader Ilias Ali. She is an aspirant candidate from Sylhet-2. Millat, a former lawmaker, is vying for Jamalpur-1.
Awami League candidate of the constituency Abul Kalam Azad challenged Millat’s candidacy, while Jatiya Party runner Yahia Chowdhury challenged Luna’s at the High Court.
Abul Kalam Azad’s lawyer Advocate Khurshid Alam Khan told The Daily Star that Millat cannot run in the election unless the apex court rules otherwise.
Millat was convicted and sentenced to seven years’ imprisonment by a lower court in a corruption case. The High Court had acquitted him later, which was overruled in the apex court and kept for further hearing.
On the other hand, Yahia Khan said Luna, as a government service retiree for six months, cannot run in elections before three years of retirement as per law.
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The recent image of a Jubo League leader carrying a ballot unit panel of an electronic voting machine (EVM) after snatching it during a by-poll in Chattogram's Boalkhali upazila is the latest addition to a growing list of examples as to why EVMs may not be suitable for conducting a free and fair election in Bangladesh. Neither the assistant presiding officer nor the on-duty members of the law enforcement agencies were able to prevent the mighty Jubo League's union level leader Nirmalendu Dey Sumon from taking the EVM ballot unit panel away.
They were unable to recover it either; Awami League's union President Ratan Chowdhury recovered the panel and returned it to the polling centre.
This incident occurred only a few days after Chief Election Commissioner (CEC) Kazi Habibul Awal said no one had yet made a sound and objective complaint about the use of EVMs, and the commission had taken a stand in favour of EVMs after conducting several tests. Would the CEC now, at the least, agree that his several tests didn't include robbing of ballot-equivalent parts of their very expensive toy? Clearly he has been oblivious to the arguments made by most of the political parties, except the ruling Awami League and its allies. There's even stronger opposition to the idea of using EVMs among the citizenry and civil society organisations. Have the polling officers not blamed these machines' inefficiency for slowing down the voting process, which left many voters frustrated and contributed to lower turnout?
While speaking at a workshop in Cox's Bazar on March 11, the CEC, perhaps unwittingly, revealed the Election Commission's obsession with EVMs when he said, "The Election Commission is always in favour of conducting elections using EVMs. We are also working to find innovative modern technology for future elections." His comment that "so far, there has been no objective complaint about rigged elections using EVMs" suggests that he has conveniently forgotten that these EVMs do not have any option for verifying voting records, owing to a design fault of not including the voter-verifiable paper audit trail (VVPAT) system.
Even though it has abandoned the ambitious plan to hold 50 percent of the next parliamentary election through EVMs due to the country's ongoing financial crisis, the EC still appears to be aiming at using EVMs in quite a significant number of parliamentary seats. On March 15, the commission decided to ask the finance ministry for allocating Tk 1,260 crore (equivalent to more than $1 billion) for repairing 110,000 EVMs. This means each EVM unit will cost Tk 115,000, which is nearly half the purchase price.
It was reported in this daily that each EVM was bought for Tk 235,000, a price 11 times costlier than neighbouring India. When better EVMs (including VVPAT) cost much less, then why does the EC want to repair discredited junk?
Earlier, it was reported in the media that about 40,000 EVMs were beyond repair. When these EVMs were introduced, the EC bought 150,000 EVMs, which means there's none, or very few, usable EVMs available now. Even then, the commission is insistent on having some EVMs in the upcoming parliamentary election.
According to Election Commissioner Anisur Rahman, the Election Commission just wants a pledge that its request would be approved. He told the media, "If we are assured of the required funds, we will go for the work immediately. We can even make half payment to the Machine Tools Factory in this fiscal year and the rest in the next fiscal year." This shows the EC's resolve to go the extra mile to have as many EVMs being used in the next election as possible.
It was reported in this daily that each EVM was bought for Tk 235,000, a price 11 times costlier than neighbouring India. When better EVMs (including VVPAT) cost much less, then why does the EC want to repair discredited junks?
Such an extraordinary emphasis on having elections in some constituencies make us wonder whether there's more to this than meets the eye. It may sound cynical, but questions can be raised whether the intention is to allow the workers of the ruling party to cover their unlawful act of pressing voting buttons for their candidates in the name of assisting the voters. Besides, allowing election officials up to one percent of the voters in a polling booth to cast votes through EVMs in the event of fingerprint mismatch also increases risks of manipulation.
The amount of money that the Election Commission is seeking to repair faulty EVMs is almost double the money allocated for the last parliamentary election – which was also a record in our electoral history. Available data shows that the allocation for the last national assembly election was Tk 700 crore, when the voter number was 104 million. The EC's original plan was to have voting in 150 constituencies through EVMs, and for that it sought Tk 8,711 crore, which would have cost us 14 times more than the previous election. In a way, the ongoing economic predicament has saved us from an exorbitant waste.
Under these circumstances, it would be sensible to abandon such a wasteful wish, and concentrate on other crucial preparatory work for the coming election instead. CEC Habibul Awal, in his public statements, has acknowledged that there is a crisis. The reason for the crisis is evident in his words, "We still do not see a consensus among parties regarding the upcoming general election, which is essential. We do not want any political crisis before or during the elections."
It's well understood that the CEC doesn't want to take the role of a mediator, but getting an agreement from the contending parties on the rules of the game beforehand is not someone else's responsibility.
Kamal Ahmed is an independent journalist. His Twitter handle is @ahmedka1
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Analyses of Bangladesh's last three elections would reveal the dark side of our politics, which to a large extent replicates practices marked by a policy of exclusiveness, keeping the major opposition party out of the fray, and creating a loyal opposition obligated to the ruling party. It is disheartening to see the ruling party, a political party with established credentials, replicate a highly undemocratic innovation of a military ruler of keeping a tamed opposition in parliament. In fact, in its turn, the Awami League has gone a step further and appointed a few of them as cabinet ministers.
The 12th parliamentary election is just round the corner, and Bangladesh has come under international radar in this regard. Our development partners, the UK and US in particular, have expressed their views on the type of elections they would like to see in 2023. The US ambassador did not mince words when he said that his country wanted to see a fair and "internationally" acceptable election in Bangladesh. It has also engaged the attention, and rightly so, of the ruling party.
Firstly, no election would be valid without the participation of the other major political party, the BNP. And here lies the problem. BNP is loath to participate in the next general election under the current government running the administration. And the Awami League would not have it any other way. It would not relinquish power before the expiry of its term. The respective positions expose the irony of the situation in which we see a reversal of the previously held positions of the two parties. Awami League, once a strident votary of a neutral caretaker system, no longer thinks it a good idea, and the BNP, which had initially opposed the idea, thinks that the only way a free and fair election could be ensured is by having a neutral body at the helm of the administration.
I believe both the ideas are fundamentally flawed. The most important point the two parties have missed is that neither the ruling party nor the administration under it runs the election. And it is not the caretaker government, if there is one, which would conduct the elections either. It is the Election Commission (EC) that organises and conducts the election with the support of the administration. So why these rigid positions?
Take the BNP's position, for example. Once bitten, twice shy, the BNP made a blunder in 2014 but participated in the elections in 2018, only to burn its fingers. The 2018 election was an election that never was. It was an aberration that sapped the Election Commission's credibility and people's interest in politics. Therefore, the BNP is not remiss in thinking that with Awami League in power, a free and fair election is not possible. And none other than the former chief election commissioner (CEC) has very recently admitted that there are challenges in holding the polls under a party government. It would have been a great help had he spelt out what the challenges were that he had faced in his five years in office. It is a sad reflection on our system that while other democracies have elections with the incumbent in charge of the administration without anyone questioning its credibility, we need special dispensation to conduct our parliamentary elections. And this is only because the institutions and agencies in these countries work independently and possess enough spine to resist undue pressure. Thus, the gripe.
But why is the Awami League so unsure of itself as not to accept a neutral dispensation running the administration during the conduct of national elections? It had claimed in 2014, as it does now, that it was riding the crest of popularity with its many achievements. Thus, one may ask: Did it have to resort to the blatant measures and ploys to ensure victory in 2014 and 2018? If one would need a lantern to find BNP leaders during elections, as some Awami League leaders think, then why not relent on your position? The Padma Bridge is a purple patch of the Hasina administration, and should be a vote catcher for the party. So why the uncertainty? Why so many new ordinances to stifle free speech? Why equate the party with the state? Why root for a voting apparatus which has been discarded by most of the leading democracies in the world because of its susceptibility to tampering – the electronic voting machine (EVM)?
Participatory elections do not necessarily mean a free and fair election. And we know that. Ultimately, it is the CEC and his commissioners who can make all the difference. An acceptable election depends on the Election Commission's ability to display its grit and resolve, exercise its writ, remain neutral, and be prompt to address complaints and proactive in detecting violations – unlike the former CEC and his team, whose belated reaction to any complaint was its hallmark. The million-dollar question is: Can the new Election Commission absorb the pressure of the ruling party, prevent the government's direct and indirect influence in the election process, and provide a level playing field for everybody? Past experiences in general do not engender confidence in the system.
In the final analysis, there are more compelling reasons for the BNP to participate in the election, and for the Awami League to allow an acceptable, free, fair and participatory election without resorting to the means of the past two. For the BNP, it would not like to be in the political wilderness it has been in the last 10 years. In 2018, everything was done to ensure that the BNP did not get the second highest number of seats and become the major opposition in parliament. Certainly, it deserved to win more than the six seats it did the last time. As for the Awami League, its seriousness in making the next election participatory is demonstrated by the comments of senior party members, including the prime minister. There is a realisation in the ruling party that the kind of elections held in 2014 and 2018 would no longer wash. The next election has to be not only accepted nationally, but internationally too. The question is whether the two can reach an agreement that would include arrangements of holding the Jatiya Sangsad election, making it impervious to the ruling party's influence.
Brig Gen Shahedul Anam Khan, ndc, psc (retd) is a former associate editor of The Daily Star.
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Observation by local and foreign observers may help add credence to the status of fairness of election and make them credible at home and abroad, the chief election commissioner (CEC) said in a letter to the EU.
"As I appreciate EU decision on the subject, I feel urged to assure you that with required assistance received from the government, Election Commission (EC) will exert its best to ensure free, fair, participatory and credible elections. Government is also repeatedly making its pledges to achieve this end," the CEC said in the letter dated September 23.
"Nevertheless, observation by local and foreign observers may help add credence to the status of fairness of election so as to make that credible at home and abroad.
"Be that as it may, I believe the European Union (EU) will nonetheless continue to support, in whatever way deemed expedient, our efforts in making the ensuing general parliamentary elections free, fair, participatory and credible," the letter added.
EU communicated its decision to the EC through a letter to the chief election commissioner on Wednesday.
"Based on the recommendations of the exploratory mission -- and taking into consideration the budget for EU Election Observation Missions for 2023/2024 -- High Representative Josep Borrell has decided not to deploy a fully-fledged EU Election Observation Mission," read the EU letter.
"The High Representative's decision reflects the fact that, at the present time, it is not sufficiently clear whether the necessary conditions will be met at the point in time when the elections take place," read the letter written by EU Ambassador to Bangladesh Charles Whiteley.
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Rapid Action Battalion (Rab) has opened a Facebook page titled 'Rab Cyber News Verification Centre' to make people aware of false news and rumour spread during the upcoming general election.
Director General (DG) of Rapid Action Battalion (Rab) Benazir Ahmed revealed it at a press conference regarding the elite force's preparation for the 11th parliamentary election at its media center in Dhaka's Karwan Bazar today.
If anyone becomes confused about any news, he/she will have to share it on the Facebook page and the Rab team will instantly reply it after verifying the truth, said the Rab DG.
Rab officials will work round the clock, he added.
He also said the Facebook page will remain open to counter all lies, rumours and false news centering the election slated for December 30.
A total of 10,000 Rab members have been deployed across the country ahead of the election, said the Rab DG.
"If anyone dares to carry out violence in any place, we will obstruct them and the force is ready to resist them," he added.
Two army helicopters will remain standby on the election day, he said adding, "A special force will be kept standby for travelling to any part of the country if needed."
Benazir also requested all to inform them any kind of violent incidents so that they can take instant action.
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In the first parliament 45 years ago, none of the parties was recognised as official opposition due to their poor strength in the House.
The resounding victory of ruling Awami League-led alliance in Sunday's polls has diminished the scope for emergence of an official opposition in the new parliament.
The AL-led alliance together grabbed 288 seats out of 298 with the ruling party alone bagging 259 seats. The BNP-led alliance managed to secure only seven seats. [Election to Gaibandha-3 was rescheduled to January 27 following the death of a candidate and re-polling will take place in three centres in Brahmanbaria-2 on January 9.]
Against this backdrop, Jatiya Party may sit on the opposition bench in the new parliament to be formed with MPs-elect swearing in tomorrow.
The JP, a key component of the AL-led grand electoral alliance, emerged as the second largest party by obtaining 20 seats.
It needs at least five more to get official recognition as the opposition, according to the verbal directive given by Bangabandhu Sheikh Mujibur Rahman during a debate in the first parliament on April 12, 1973.
In the first parliamentary election held in 1973, the AL won 293 seats. The opposition parties -- Jatiya Samajtantrik Dal, Bangladesh Jatiya League, National Awami Party and others obtained only seven seats.
They extended their support to Jatiya League leader Ataur Rahman Khan and demanded that he be recognised as the leader of the opposition.
During the debate over recognition as opposition, Bangabandhu said a party could not be recognised as opposition if it did not have at least 25 MPs.
If any group has less than 25 MPs and at least 10 MPs, it can be termed a parliamentary group, not a parliamentary party, said Bangabandhu.
"The speech delivered by Bangabandhu Sheikh Mujibur Rahman is the only directive," wrote Khandaker Abdul Haq in his book "Parliamentary Practice and Procedure" published by the Jatiya Sangsad Secretariat in 2001.
"His directive has been derived from experiences of the Pakistan National Assembly and East Pakistan Provincial Assembly and it is consistent with the parliamentary culture of India and this sub-continent," wrote Haq, who was a senior official at the Parliament Secretariat.
If Bangabandhu's directive is taken into consideration, JP would need five more seats to qualify to become the opposition party in the new parliament. If JP is not the official opposition, none of its MPs could be the leader of the opposition.
The JP became the main opposition in the current parliament formed through the 2014 election, which the BNP-led alliance boycotted. It won 34 seats and its senior leader Raushan Ershad was recognised as the leader of the opposition with a status of a minister. Three JP MPs were also made ministers.
Their dual role has been criticised. The party could not play its due role as the main opposition in parliament in the last five years.
JP Secretary General Mashiur Rahman Ranga yesterday said his party would hold a joint meeting of the party's presidium members and MPs-elect today to decide whether it would join the government or sit on the opposition bench.
"We will also discuss it with the grand alliance," he said at a discussion at the party's Banani office.
প্রথম যে প্রশ্নটি আমাদের সামনে আছে তা হলো, কেন আমরা ভারতের চেয়ে ১১ গুণ বেশি দামে ইভিএম কিনেছি? বলা হয়েছিল, আমাদের ইভিএমগুলোর কারিগরি সক্ষমতা তুলনামূলকভাবে বেশি এবং এগুলোতে এমন কিছু ফিচার আছে যা...
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