The High Court today directed the Election Commission to allocate BNP’s election symbol “Sheaf of Paddy” to its four candidates in place of other four rival contenders who were earlier allocated the same symbol.
Kamrun Nahar Shirin will get “Sheaf of Paddy” in place of Monjurul Islam Bimal for Natore-1, Abdul Hamid Dabliu will get “Sheaf of Paddy” in place of SA Kabir Jinnah for Manikganj-1, Mostafizur Rahman will get “Sheaf of Paddy” instead of Khalek Chowdhury for Naogaon-1 and Masuda Momin will get “Sheaf of Paddy” in place of Abdul Muhith Talukder, Deputy Attorney General Motaher Hossain Sazu told The Daily Star.
He said Monjurul, Jinnah, Khalek and Muhith cannot contest the December 30 election following the HC orders, he said, adding that they can, however, move appeals before the Appellate Division of the Supreme Court against the HC orders.
The HC stayed for three months the EC’s decisions to allocate “Sheaf of Paddy” to Monjurul, Jinnah, Khalek and Muhith and issued separate rules asking the EC and government to explain in four weeks why the EC’s decisions should not be declared illegal.
The bench of Justice JBM Hassan and Justice Md Khairul Alam came up with the orders and rules following separate writ petitions filed by Kamrun Nahar, Abdul Hamid, Mostafizur and Masuda challenging the EC’s decisions.
The writ petitioners said in their petitions that BNP nominated them first for contesting the December 30 general election.
But the EC allocated “Sheaf of Paddy” to their rival candidates in violation of the Representation of People’s Order (RPO), they said in the petitions.
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From what is unfolding before us, it seems we are set to be in a situation that can be described as "the rule of the AL, for the AL and by the AL." Campaigning has started, there are random processions on the main streets, a little boat is making the rounds and blaring cacophonous film songs on Kazi Nazrul Islam Avenue, poster printers are relieved that they will not have to fold the business thanks to the dum…, oh sorry, "independent candidates," 27 registered parties are participating—doesn't matter if nobody has ever heard of most of them—and relatives of aspirants are rushing to the constituencies to liven up the campaign partying. No doubt, in the days to follow, the festivities will be accentuated with mammoth mejbaan (feasts) and huge gatherings. These also coincide with pitha season; nothing could be sweeter.
That the police have earmarked certain polling centres to be troublesome and may beef up security, and that even the armed forces will be deployed, give an added veneer of authenticity to the whole affair. What's an election without a few violent clashes between rival candidates and their minions, even if they both belong to the same side of the game?
The stage may look and even feel like that put up for a real election. Yet, somehow, the smell of something rotting just underneath won't go away.
That the police have earmarked certain polling centres to be troublesome and may beef up security, and that even the armed forces will be deployed, give an added veneer of authenticity to the whole affair. What's an election without a few violent clashes between rival candidates and their minions, even if they both belong to the same side of the game?
By eliminating any dialogue with the only real opposition party, BNP, the situation can only be compared to a fixed game—with many being reluctant to go all the way to the stadium. Already, at least 1,000 BNP leaders and activists have reportedly been jailed since August in an unprecedentedly speedy series of trials. The remaining leaders are on the run with some of their family members being detained by the police after not finding the accused individual. Perhaps the most jarring example of clamping down on the opposition was the arrests of BNP Secretary General Mirza Fakhrul Islam Alamgir and the party's standing committee member Amir Khasru Mahmud Chowdhury in a case over assaulting a policeman on October 28. Fakhrul has been denied bail three times so far. Before this, BNP's staunch refusal to join the election under the present government, and the ruling party's determination to do just that, ensured that there was little ground for a dialogue that could lead to a solution.
Despite all the wheeling and dealing, the EC's apparent sternness about electoral code and all the meticulous event planning, the brewing resentment of the public cannot be wished away. People are suffering—the long lines at the TCB (Trading Corporation of Bangladesh) trucks and the desperate look of the regular bazaar goer are dead giveaways. Small businesses dependent on imported goods are floundering under the dollar crisis, having failed to open Letters of Credit at the banks. The families of opposition leaders and activists are under tremendous pressure, psychologically and financially, having to fight the multiple cases filed against their loved ones. And let's not forget the forgotten: those who continue to languish in jail under the former Digital Security Act and other draconian laws for the crime of expressing dissent, and also those who have been disappeared without a trace.
There is also the inconvenience of an already severely stressed economy, which will continue to be in crisis mode, under myriad pressures. Due dates of foreign debt payments, a bleeding financial sector riddled by scams, thousands of crores in defaulted loans, private and government banks struggling with liquidity, low remittances, unhappy garment workers—the list is painfully and overwhelmingly long.
Despite all this, we may apparently see respectable turnouts at the polls. AL-nominated and AL independent candidates (there are 382 of the latter, contesting 221 seats) will have enough AL supporters to represent a decent percentage. Even Jatiya Party will attract its own followers, especially if given a clear field. The obscure parties fighting for the "eagle" or "truck" signs will at least get a few of their family members to vote for them. "A participatory, free, and fair election," the EC will gleefully announce.
But while everything on the surface has been fixed and made sparkly, putrid bubbles are brewing under the surface; not likely to be contained at any time. Will the predictable victors be ready to face the blow-up?
Aasha Mehreen Aminis joint editor at The Daily Star.
Views expressed in this article are the author's own.
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BNP Chairperson Khaleda Zia's petitions seeking the Supreme Court's permission to contest the December 30 polls may not be heard before the election, as the court, which is now on annual vacation, will reopen on January 2.
Besides, the chamber judge of the Appellate Division is scheduled to sit on the bench to deal with urgent cases on December 31.
In such a situation, lawyers cannot move Khaleda's three petitions before the SC until Election Day. As a result, the BNP chief cannot run for the polls, Khaleda's lawyers told The Daily Star yesterday, seeking anonymity.
Khaleda will not be benefited if the petitions are moved before the SC after the election, one of the three lawyers said.
As the SC is yet to hear Khaleda's petitions that seek stay on the High Court orders, the HC orders disqualifying her for contesting the polls are now in force, he added.
Advocate AJ Mohammad Ali, principal lawyer for Khaleda's case, refused to make any comment regarding this when The Daily Star contacted him over phone.
On Monday, Khaleda filed the three petitions to the SC seeking a stay on the HC orders on her nomination papers' cancellations.
In the petitions, Khaleda prayed to the apex court to direct the Election Commission to accept her nomination papers, to allow her to contest the December 30 polls, and to allocate the “sheaf of paddy” as her election symbol.
The HC bench of Justice JBM Hassan passed the order saying if a person was convicted and sentenced to more than two years in prison for moral turpitude, they were not eligible to participate in polls for five years after serving jail term.
On December 11, the HC bench of Justice Refaat and Justice Md Iqbal Kabir Lytton passed split orders on the three petitions. The next day, the chief justice assigned the bench of Justice Hassan to dispose them.
Khaleda was sent to jail on February 8 after a special court in Dhaka sentenced her to five years' imprisonment in the Zia Orphanage Trust corruption case. On October 29, she was sentenced in another corruption case, bringing her total jail term up to 10 years.
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Since the fall of the Awami League regime in August last year, the BNP has been plagued by clashes between party factions, leading to the deaths of at least 43 leaders and activists.
Clashes occurred despite repeated warnings from the top leaders and calls for strict measures as the party began preparing to contest the next general election.
BNP acting chairman Tarique Rahman, addressing a meeting of grassroots leaders via a video link on February 27, urged them to refrain from infighting.
However, since then, five BNP men have been killed during clashes in Rajshahi, Narayanganj, Bhola, Sirajganj and Chuadanga.
The latest incident occurred on March 19, when two Jatiyatabadi Chhatra Dal (JCD) leaders and a Jubo Dal supporter were killed in Naryanganj, Sirajganj and Bhola.
The 43 killed since August 5 last year included 26 of the BNP, four of JCD, three of Jubo Dal, and the rest from BNP's affiliated organisations. A student and a rickshaw-puller also lost their lives in Chandpur and Rajshahi in violence related to rivalry between groups.
At least 2,000 BNP men were injured in around 200 incidents in 50 districts, according to an analysis of monthly reports of Ain o Salish Kendra (ASK) and The Daily Star's findings from media reports.
For 16 years, my husband couldn't come home because he was accused in many cases, but he died at the hands of his own party men
— Nahida Khatun, widow of a slain BNP activist
In seven districts, local authorities had to impose section 144 of the Code of Criminal Procedure barring public gatherings. The army was also called in to restore order.
According to statements of the police and local leaders, the key factors behind the violence included dissatisfaction with committee posts and competition for control of local businesses.
The BNP has taken disciplinary action against more than 1,000 leaders and activists on charges including extortion, encroachment, and infighting. Over 400 of them have been expelled, while at least 20 have been suspended, according to data from the BNP's central office.
BNP leaders say the infightings are damaging the party's image, giving its opponents a weapon ahead of the national polls.
"We have taken strict measures, but we still we fear that such incidents will continue in the run-up to the general election," said a BNP standing committee member, who preferred anonymity.
Another standing committee member, Salahuddin Ahmed, questioned the credibility of the data on the deaths and injuries. Some incidents might have happened and those are undesirable, he said.
"Political rivalries do exist in a large political organisation. As the elections approach, this kind of competition and rivalry can be seen among the supporters of various candidates," he told The Daily Star recently.
BNP VS BNP
According to the data from ASK and media reports, nine BNP men were killed in August, 11 in September, one in October, six in November, six in December, three in January, three in February, and four until March 19.
Nearly 493 activists were injured in December and 491 in September. Clashes were reported at least 41 times in December and January each.
Rafiqul Islam, 50, a former organising secretary of Titudah Union BNP in Chuadanga, was killed, and six others were injured in a clash between two BNP factions on March 8.
Rafiqul owned a small shop, and his wife Nahida Kahtun worked at a local clinic. On March 9, Nahida filed a case, accusing 36 people, including the union BNP president and general secretary.
"I want justice from Tarique Rahman. I saw my husband get killed right in front of me. It happened in broad daylight with many people watching, and they even cheered after he died," Nahida said.
"For 16 years, my husband couldn't come home because he was accused in many cases, but he died at the hands of his own party men," she lamented.
After the incident, the local BNP expelled the union BNP president, general secretary, and joint general secretary.
Political analyst Prof Dilara Choudhury said that the BNP is not the only one responsible for such incidents, and the poor law and order situation in the country is to share the blame.
"The BNP is doing what it can, but the government also has a responsibility. What has the government done so far?" she asked.
TARIQUE'S DIRECTIVE IGNORED
In meetings on February 22 and 27, Tarique warned his party colleagues of strict action if they undermined party discipline.
Despite his directives, factional clashes broke out in eight districts, leading to the deaths of five party men and a rickshaw puller, and over 150 injured.
The rickshaw-puller, Golam Hossain, 48, died after being stabbed by BNP men who mistook him for a member of their opponent group in Rajshahi city's Dorikhorbona area on March 11, locals said.
"At the hospital, they first refused to admit him. I begged them to start treatment, but a female BNP leader told them not to. I pleaded with the police, with everyone. I told the doctor, 'Look at his face—he is not a criminal'. Only then did they admit him. If they had done it an hour earlier, he might have survived," Golam's wife Pori Banu said over the phone.
"I want justice, but where do I go? The police refused to take my complaint. We are poor—does justice exist for us?"
WHAT GRASSROOTS LEADERS SAY
Two BNP leaders were killed in factional clashes over dominance in Chuadanga in October last year and this month.
Contacted, Chuadanga's Darshana Upazila BNP President Abdul Hasnat said, "There are some evil people in the party who are committing these crimes defying party directives."
In Narsingdi, a Sramik Dal activist and a Jubo Dal activist were killed during clashes in December and January.
Narsingdi BNP Member Secretary Monjur Elahi said, "These incidents are not political. The party will not take responsibility for conflicts that arise from personal interests."
In January, the local administration imposed section 144 twice in Satkhira after at least 10 people were injured in BNP factional clashes.
Satkhira BNP Member Secretary Abu Zahid Dablu acknowledged that internal conflicts were a major challenge for the party as the election approached.
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The Election Commission is going to buy two lakh Electronic Voting Machines for the next national polls, spending more than 10 times what India paid to obtain its EVMs.
An EVM in India costs about Rs 20,000, said an EC official on the condition of anonymity.
When the EC bought 1.5 lakh EVMs from Bangladesh Machine Tools Factory (BMTF) in 2018, each machine cost Tk 2.3 lakh, the official said.
This time, the outlay is bound to be more due to the appreciation of the dollar, the official pointed out adding that a development project proposal involving Tk 7,500-Tk 8,000 crore was being prepared.
More than four years back, the EC bought the EVMs under a Tk 3,825-crore project.
The base price of an EVM was $2,387 (about Tk 2,26,842 in today's money); another Tk 25,000 had to be paid for its accessories.
Last time, there was no value-added tax on the final price of the EVMs but this time there might be taxes, which would increase the cost further, the official said, adding that the base price would remain the same.
Asked why the Bangladeshi device was more expensive than that of many countries including India, EVM Project Director Syed Raquibul Hasan said, "A Tata car does not cost the same here as in India.
"You can't compare our EVMs with those of any other country. In our EVMs, we have added features like a fingerprint matching system, audit card, polling card, and other safety and security measures. The Indian EVM has no such features.
"If a fingerprint scanner and other accessories were added, what will be the cost of an Indian EVM?" Hasan said.
Asked why the EC has not floated any national or international tender for the EVMs, which might have yielded competitive bidding, Hasan said, "Only BMTF can provide the specific machine."
BMTF is a commercial plant of the Bangladesh Army. The state-owned enterprise has the capacity to deliver two lakh EVMs ahead of the next general election likely to be held in late December next year or early January 2024, according to Hasan.
The move to buy the additional EVMs comes on the back of the EC's August-23 decision to go for electronic voting in up to 150 constituencies in the polls despite major opposition parties' objection to the use of the devices.
The EC has 1.5 lakh EVMs that can be used in 70-80 constituencies at one go in the next polls.
The development project proposal now being prepared includes the setting up of 10 warehouses in 10 regions, recruiting manpower and training them to handle the devices, and buying vehicles for transporting the EVMs.
The warehouses will have foolproof security, firefighting equipment and temperature control for the proper preservation of the EVMs.
The three-storied warehouses would be on 40 kathas of land with more than 60,000 square feet of space to keep around 45,000 EVMs.
"We will need money to buy or acquire land and to have modern facilities to store the machines," Hasan said. Campaigns would be required to make people aware of the EVM use and dispel misconceptions.
The EC is yet to choose the constituencies where EVMs will be used in the next general election.
"This will be finalised when the election schedule is fixed," said an EC official.
EVMs would mostly be used in the urban seats with smooth transportation and also where the devices were earlier used for different elections, the official added.
EVMs were first used in the 2018 parliamentary election.
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That a day would come when the Election Commission would do anything beyond perfunctory efforts to stop electoral irregularities was unthinkable even a few days ago. But the unthinkable has happened. The suspension of the Gaibandha-5 by-poll, after voting was stopped in 50 out of 145 centres amid widespread irregularities and a mass boycott by all but one candidate, is an extraordinary move, an exercise of the highest power granted to the EC. We welcome the EC for showing such courage – a rarity for bureaucrats-turned-commissioners – which is perhaps the only silver lining to an otherwise botched operation. But courage alone will not be enough to ensure fair elections, nor can it make up for the EC's – and by extension, the administration's – inability to control the Gaibandha situation.
The suspension decision has, justifiably, stunned both political parties and election observers, who noted its unprecedented nature in the recent history of parliamentary elections. But too much focus on the merits of the decision risks taking away from the fact that serious irregularities did occur, in the presence of election and law enforcement officials no less. The EC cited irregularities including illegal presence of individuals in polling booths, voters being forced to vote for a certain candidate, criminals cutting the cables of CCTV cameras, etc. The situation was "out of control", it said. Some candidates also alleged that their agents were forced out of the centres. An independent candidate even said that Awami League men didn't allow him to cast his own vote.
So, while it's true that the EC took a drastic decision in its first brush with parliamentary elections, it is also true that it did so in the face of tremendous odds. If this is a sign of things to come, we have every reason to worry about the upcoming national election. Right now, the challenge for the EC is to get the Gaibandha-5 by-poll back on track. But it also has to investigate all reported irregularities and the potential complicity of election officials, and punish those responsible. Otherwise, all this will amount to nothing but a token concession to disgruntled opposition parties.
Until Wednesday, the EC largely appeared to be appeasing the ruling party in election-related decisions. It allowed the use of electronic voting machines (EVMs) in the upcoming national election, despite protests from most political parties. It refused to punish high-profile violators of electoral codes. It failed to send a strong message to field-level administrators – deputy commissioners (DCs) and superintendents of police (SPs) – after their grievous misconduct in a recent conference. As well as setting examples of neutrality and transparency in all its actions and preventing any collusion among election officials and the ruling party, the EC also has to figure out a way to secure unconditional support from the administration.
This is a tall order indeed, and we remain unconvinced that the EC can navigate all these challenges and hold fair elections on its own. This is why the support of all stakeholders, especially the ruling party and the administration, is vital. The public has grown tired of watching violent and non-participatory elections year after year. The authorities must find a way to avoid that in the future.
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