EC’s power to scrap polling to be curtailed

The Election Commission will have less powers if the Representation of the People Order (Amendment) Bill, 2023, placed in parliament yesterday is passed as is.

If passed, the EC won't be able to postpone or cancel polls to an entire constituency if there were irregularities in one or some polling centres. And it will only be able to cancel or postpone voting on election day during the polling.

Law Minister Anisul Huq placed the bill in Jatiya Sangsad and it was sent to the parliamentary standing committee on the law ministry for scrutiny.

The committee was asked to submit its report within 15 days.

According to section 91 of the Representation of the People Order, 1972, the EC may stop the polls at any polling centre or the entire constituency at any stage of the election if it is convinced that it will not be able to ensure the conduct of the election justly, fairly and in accordance with the law due to malpractices, including coercion, intimidation and pressures.

According to the amendment, the EC will be able to cancel the election in a pollingcentre or centres, not the entire constituency, several EC officials have said.

The bill proposes changing the word "elections" with "polls" in section 91 of the RPO. The change of the word limits when the EC can cancel or postpone elections.

"Polls" mean the process of voting in an election, in other words, election day. "Elections" mean the period between the announcement of the schedule and the declaration of the unofficial results.  

Shushashoner Jonno Nagorik (Shujon) Secretary Badiul Alam Majumdar said the new move of amending the RPO would reduce the EC's powers.

"It seems that the commission can take action just on the polling day instead of the total election process …," he added.

"The constitution gives the Election Commission freedom. If this freedom is cancelled by the law we are enacting then how will the Election Commission be free?"

— Jatiya Party MP Fakhrul Imam

Jatiya Party MP Fakhrul Imam objected to the amendment and said the powers of the EC are being curtailed through the amendment.

He said, "The constitution gives the Election Commission freedom. If this freedom is cancelled by the law, we are enacting then how will the Election Commission be free?

"We saw the Election Commission cancel the bad polls in Gaibandha. I don't know why the law minister is now tabling that the Election Commission cannot cancel an entire election."

This contradicts the constitution, he said.

In response, the law minister claimed that the amendment to the RPO does not go against the constitution or democracy.

He said if the EC could cancel polls in all stations because of irregularities in two or three, then it would be anti-democratic since people have exercised their rights in the other polling stations.

The law minister said that as per the amendment, if there is a disturbance in any of the polling stations, the voting can be stopped there.

He said power is not being given to stop the polls in other stations where fair polls have been conducted. It is not against democracy, he added.

The amendment also proposed punishment of those who obstruct media personnel covering the polls and election observers.

It also has a provision that allows candidates to reschedule their default loans or utility bills a day prior to collecting nomination papers.

Now, potential candidates can reschedule those seven days before collecting their nomination papers.