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.

The lists of dengue infections and deaths are only getting longer, and nobody can tell if, or when, the situation will get better. The prices of daily essentials continue to skyrocket, with the price of eggs, the go-to protein for the poor, now equal to that of a kilogram of broiler chicken. Meanwhile, more than 50 people were killed in the floods in Chattogram and the Chittagong Hill Tracts area in recent weeks.

In all of this, it is the common people (or in the context of the upcoming national election, the voters) who are the worst sufferers. But the politicians seem to be blissfully oblivious to the plight of their electorate. There is no denying that the country is headed towards its next parliamentary election with the two major political parties harbouring opposite stances regarding the election itself. Of course, a free, fair, and inclusive election is necessary for a better society and stronger democracy. But when people are suffering the most, when they are dying because of poor governance, how can the political parties focus on only the physical exercise of the election and how it will play out in about four months? Shouldn't their focus be on how best to serve the people now? Shouldn't they be concerned about the welfare of the poorest of society? Shouldn't our politicians be working to win the hearts and minds of the people, instead of engaging in political power play with their archrivals?

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Living like the poor, paying like the rich

Ideally, and historically, people get into politics for the welfare of their people. But it appears from recent political machinations that the people have been conveniently forgotten or even sidelined in the game of politics. When one political party says that the country's people are with it, and the other party claims that it represents the people, I can't help but wonder who it is that is actually representing me, or has my interests at heart.

Bangladeshi politics is going through a critical phase. The fact is that politicians have lost control over politics in general, which appears to have been hijacked by corporate interests – given the representation of businessmen and former bureaucrats in the parliament. Currently, around 62 percent of lawmakers are from the business sector. The government's dependency on the administration has increased. And none but the politicians have brought this upon themselves, in their pursuit of shortcuts and expediency. When career politicians become weak, so does politics. And when the people are sidelined, politics – so far as it is concerned with maintaining democracy – becomes more fragile.

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Is the Awami League worried?

It is in this context that the exhortations of the diplomatic corps in Dhaka – India, China, the US, and the EU – about the supremacy of the people and how they hope that the people's wishes will be reflected in the outcome of the election, are both ironic and intriguing.

The two previous elections changed the nature of Bangladeshi people's participation in national politics. The 2014 election, which BNP had boycotted and which saw 153 lawmakers being elected uncontested, remains a rare example of a lopsided election. In the 2018 election, many people were denied the right to cast their votes, and allegations emerged of ballot-stuffing on the eve of elections, so much so that it was even mentioned by Awami League's alliance members. When politicians found that they could get elected even without votes, voters ceased to become a factor to consider when trying to win elections. In the past, candidates did have to woo voters, and win their hearts and minds to get their votes. But now, when a mere nomination all but guarantees victory for a candidate, the exercise of putting in effort to win voters has become all but cosmetic.

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Did BNP make the wrong call?

On the other hand, while the opposition can do little so far as actual measures are concerned – whether that relates to dengue or prices – it is their responsibility to hold the government accountable. It falls on the opposition to keep these issues alive so that the government cannot ignore them. One way to do that is in parliament, which has unfortunately lost its purpose since the official opposition is, by and large, an informal extension of the ruling party alliance. Meanwhile, the main opposition camp on the streets, BNP, is too obsessed with its one-point demand for a resignation of the ruling government than with the plight of the voters.

So now, whenever I hear calls for this or that "in the name of the people," and when political parties launch campaigns for the supposed sake of the people, it seems to me that those politicians are merely cementing their political careers using the name of the people. Is anyone actually thinking about the families of those 50 people who died in the floods? Or about the children who are going to bed hungry in Bangladesh even now? That one has to pose such questions in a column is perhaps an even bigger tragedy.

Mohammad Al-Masum Molla is chief reporter at The Daily Star.

The government has turned down Khaleda Zia's family's application to allow her to be taken abroad for urgent treatment, which her lawyer and her party leaders have termed as a political vendetta. The government's reasoning, as explained by Law Minister Anisul Huq, was that the application, on which the government has suspended the jail sentence of Khaleda Zia and released her from jail on two conditions, has been disposed of and has become a "past and closed transaction." The minister also said that the decision to suspend her sentence was made under Section 401(1) of the Code of Criminal Procedure (CrPC).

This refusal to allow treatment abroad could not have come at a worse time, as the former prime minister's continuous illness has reached a critical stage, with life-threatening conditions. Besides, political distrust and division in the country over the coming election, too, have become highly charged. Against this context, it is hard to discard the notion that politics played no part in this decision from the government.

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‘Govt wants Khaleda dead’

It is still unclear what rekindled the hope of her family and party that the BNP chief's treatment abroad could be possible, despite the fact that several attempts in the past have been flatly rejected by the government, citing the same law and argument which the law minister has referred to in his latest legal opinion. Reportedly, Khaleda Zia told her partymen not to agree to participating in the next parliamentary election under the current government in exchange for her medical care abroad.

It, therefore, begs this question: was the life of a politician, of such stature, really made a bargaining chip by either of the parties? The question became even more pertinent when the law minister, responding to reporters' queries on September 24, said that the government did not receive any application from her family seeking permission to take her abroad.

It followed the government's decision to extend Khaleda Zia's conditional release from prison for six more months, based on a separate application filed on September 4. As a result of the law minister's suggestive remarks that the family had not sought permission for her treatment abroad, Khaleda's younger brother Shamim Iskander made another application on September 25 seeking the required approval.

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Khaleda has to return to jail first if she wants to go abroad for treatment: PM

Should we believe that the issue of seeking permission afresh was brought about simply to humiliate the political opponent by reminding them of how "powerless" they are? Questions may also arise about whether the arguments of considering the petition "disposed of" and "a past and closed transaction" are tenable.

It is often said that the law will take its own course. But examples are plenty to prove that the incident at hand was simply political rhetoric. If someone compares the fate of the 78-year-old former prime minister with that of some other politicians, such as Jatiya Samajtantrik Dal leader ASM Abdur Rab, the irony becomes evident. The JSD leader was allowed to go to then West Germany for treatment while he was serving his prison term awarded by a martial law court. Another politician, Haji Mohammad Selim – who belongs to the ruling party – was not barred from travelling to Bangkok for his treatment despite being convicted and ordered to surrender, and having had a record of fleeing the country during the tenure of the caretaker government between 2006 and 2008.

Law Minister Anisul Huq said, "Once an application is disposed of under Section 401 of the Criminal Procedure Code (CrPC), there is no scope to reconsider it under the law." Many other jurists, however, do not agree with his interpretation of the law as there is nothing that bars the government or limits its authority to reconsider its decision. Every law is subject to interpretation, and there are variations in interpretations. Among these variations – except the court's interpretation – some are known as literal, and some are mischievous or intended to create mischief.

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Khaleda Zia in politics: Missed chance for BNP?

Amid the contested claims by the government and by BNP, it would be better to read Section 401 of the CrPC and draw one's own conclusion. Under the title "Power to suspend or remit sentences," the law states in Section 401(1), "When any person has been sentenced to punishment for an offence, the Government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced."

Additionally, Section 401(6) says, "The Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with." As the literal meaning of the rule is far from convincing, it would be wiser for the government to reconsider its decision, which may help improve the current political environment in the country.

Kamal Ahmed is an independent journalist. His X handle is @ahmedka1

Views expressed in this article are the author's own.

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