Is EC helpless to stop violations?

The Election Commissioner has sought Prime Minister Sheikh Hasina's intervention to stop the electoral code of conduct violation by ruling Awami League MPs and leaders and thus Election Commissioner Shah Nawaz has made it apparent that the EC is helpless and unable to control the situation.

His appeal to the PM makes one question if the Election Commission is powerless to do something effective or whether those who are leading the EC are unwilling or unable.

According to media reports, AL leaders, including ministers and MPs, are allegedly joining electoral activities for the party nominated mayoral candidates in many areas. Supporters of the AL-nominated mayoral candidates allegedly have brought out motorcades and processions and obstructed campaigns of rival candidates.

All those activities have violated the electoral code of conduct and appeared as obstacles to fair elections.

Legally, the EC is powerful enough to ensure a free and fair election.

The present electoral laws for the municipality elections give the EC enough power to take various steps including cancellation of candidature on ground of gross electoral anomalies.

A candidate personally need not violate any electoral law to be punished. Under this provision the onus is on the candidate for the unlawful activities of his election agents and activists.

The Constitution, moreover, provides the EC with unlimited powers. It can take any action required for the sake of fair elections.

Constitution expert and former attorney general Mahmudul Islam in his book “Constitutional Law of Bangladesh” writes: “The Constitution does not envisage anything else than free and fair election and any law which stifles the hand of the Election Commission in ensuring free and fair polls will not pass the test of Constitutionality.”

The EC can also use its powers even after the election is over if it finds that the election was not a free and fair. This significant authority has been upheld by the Supreme Court in a number of cases.

Take for example the Noor Hossain versus Nazrul Islam case. In this case, the Appellate Division observed: “We cannot but reiterate that if there was contemporaneous report of allegations about disturbance, rigging of ballot papers or election not being held justly, honestly and fairly then after being satisfied about the correctness of the report or allegations Election Commission would be justified to cancel the result of the election and direct re-poll.”

What is needed for the exercise of such sweeping authority is a strong leadership. The present EC, led by Kazi Rakibuddin Ahmad, lack such leadership. Without a strong leader, the field level election administration can not act effectively.

Field level election officials do not feel confident to act against ruling party men as the weak EC leadership is unable to protect the field level officials.

In this atmosphere of weak leadership, unscrupulous officials make unholy nexus with the ruling party men in the election; they allow ruling party men to take undue advantages in the electioneering. This has been evident in previous elections to the city corporation in 2015, and upazila elections in 2014.

All prevailing signs suggest the situation may keep deteriorating ahead and during the voting of the 234 municipalities on December 30 unless the EC shows its determination by for a free and fair election.

Appealing to Sheikh Hasina may not work to improve the situation much due to partisan politics. Being the chief of the AL, Hasina wants her party men's overwhelming victory in the battle of ballots by defeating opponents nominated by her archrival Khaleda Zia led BNP.

The polls have turned into a prestige issue for both Hasina and Khaleda. So winning matters here regardless of the fairness of the polls.

At the end of the day, the onus for a free election lies on the EC. It still has time to make some game changing moves if it wants to prevent further loss of image.