EC wants firm grip on poll officials
The Election Commission wants the power to punish civil servants engaged in poll duties for misconduct and incompetence.
The EC has drafted proposals for changes to the Representation of the People Order to get this authority, sources said.
It believes if the changes are brought to the electoral laws, it will empower the EC to effectively control the electoral officials during parliamentary elections.
The EC, a constitutional body, appoints and engages a large number of government officials in election duties. They are considered officials working on deputation under the EC.
Their efficiency and neutrality in poll duties largely determine the fate of a free and fair election and also the image of the EC. But the existing laws do not allow the EC to take punitive actions against civil administration officials on poll duty for misconduct or negligence.
The current legal provision only empowers the EC to withdraw such officials from electoral duties and refer the matter to the authorities concerned for taking disciplinary and other actions.
The officials' appointing authorities or departments very often take no punitive action against the officials due to alleged political affiliation or other pressure, alleged EC officials.
Under such a situation, the EC now wants to have the authority to withdraw and suspend any officer performing any duty in the elections.
In case of suspension, it also seeks the power to take action against the official under “Election Official (special provision) 1991” law.
The Daily Star obtained a copy of the EC proposals for electoral reforms.
“If any election officer is found to have wilfully refused or failed to comply with the orders or directions of the commission or returning officer, as the case may be, or wilfully violated any provision of any electoral law or committed any offence under any such law, would be deemed to have committed misconduct which would be treated as punishable offence and appropriate action would be taken against him in accordance with the provision of the 'Election Official (special provision) 1991',” says the EC proposal.
According to the Electoral Official (special provision), 1991, an official might be dismissed or removed or be sent on forced retirement for misconduct or negligence in election duties. His promotion or salary hike might be withheld for two years. He also may be punished up to one-year imprisonment and fined Tk 5,000.
The EC said, “The changes have been proposed to keep the election officials more alert about performing their duties.”
Election Commissioner Muhamed Sohul Husein has said the proposed changes are required to have a stronger EC for holding free and fair parliamentary elections.
“If the changes are made into laws, the Election Commission will have more authority to control the election officials. And the election officials will have no alternative but to obey the commission's order to perform neutrally for holding a fair election,” Sohul told The Daily Star yesterday over telephone.
In the past, biased role of many civil administration officials and their failure to perform neutrally contributed a lot to making an election controversial. In many cases, the EC was seen helpless in controlling the civil servants, particularly when elected political governments were in power.
Electoral experts have long been demanding such law as the EC can exercise full control over the election officials.
EXECUTIVE MAGISTRATES
Besides, the EC seeks to empower executive magistrates, who are also civil servants, to try electoral offences during the parliamentary polls.
The EC drafted some proposals to reduce the punishment for many electoral offences so that executive magistrates can be deployed for trials of those offences.
After separation of the judiciary at the end of the year 2007, the executive magistrates lost the authority to hold trials. In the face of their demand, the mobile court law was enacted empowering them to hold trials of some offences alongside judicial magistrates. The executive magistrates running mobile courts now can sentence an individual up to two years' imprisonment.
In the RPO, there are many electoral offences for which an individual could be punished for up to seven years' imprisonment.
In the last parliamentary elections held on December 29, 2008, the EC faced difficulties deploying executive magistrates for trials of offences. Instead, judicial magistrates were deployed for the job.
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