No response yet to EC proposal for polls expense observers

The Election Commission has proposed legal provisions for raising the ceiling of election expenses of candidates in parliamentary elections and appointing Election Expenses Observers.

The proposal said that the ceiling should be raised from Tk three lakh to Tk five lakh and EEOs should be appointed to strictly scrutinise the expenditures of candidates.

"The expenditure ceiling fixed about a decade ago appears unrealistic in the present context. It may be considered appropriate to raise the ceiling from the present level of Tk three lakh to Tk five lakh", the EC said in its proposal sent to the Ministry of Law in October last year.

The government is, however, yet to take any decision in this regard.

The ceiling of expenses was initially fixed at Tk 25,000. It was raised to Tk one lakh in 1985 and Tk three lakh in 1991.

The EC has also proposed raising of a candidate's security deposit to Tk 10,000 from Tk 5,000.

The deposit was initially fixed at Tk 1,000 and raised to Tk 2,000 in 1978. In 1984, the amount was raised to Tk 10,000 but it was brought down to Tk 5,000 in 1986.

"The amount of security money may now be justifiably restored to Tk 10,000", the EC proposal said.

The Commission believes that the increase would 'discourage non-serious and frivolous persons' to take part in the elections.

The EC also proposed a provision under which security deposit would be forfeited, if a candidate fails to poll one-sixth of the votes cast in a constituency. Presently, deposit is forfeited if a candidate polls less than one-eighth of the votes cast.

Besides, the Commission stressed the need for Election Expense Observers to scrutinise day-to-day expenditure of candidates 'to effectively restrict the pernicious role of money in the elections'. "Each observer, at least of the rank of deputy secretary or equivalent, may look after a reasonable number of constituencies."

The EC noted, "A lot of candidates having scant regard for the existing law are unhesitatingly making expenditure much in excess of the legal limit of Tk three lakh.... Indiscriminate use of money by some denies a good number of better qualified and more competent persons to represent and serve the people of their constituency."

The Commission further noted, "A concocted amount is submitted by a good number of contesting candidates merely to give an impression that a correct account of expenses reflecting day-to-day expenditure as per law has been recorded". But 'most of the informed citizens believe that the return of election expenses submitted by candidates might, on strict scrutiny, reveal that many candidates do not keep true records of day-to-day expenditure as specifically as required by law.'

In this regard, it also observed that 'persons with money power having no political background or record of public/social service manage to obtain nomination from parties after making hefty donations. It is not also unheard of that they dole out large contributions separately to the election funds of influential party leaders'. "It is obvious that money plays the most important role in influencing the voters' opinion. Money also provides the muscle psower behind use of force by certain unscrupulous candidates."

The EC therefore believes that Election Expenses Observers 'should be appointed at least a week before the date of the withdrawal of candidature' and 'they should carry out a running scrutiny of expenditure during the campaign period'.

Underlining the importance of submitting election expenditure returns, the Commission said a legal provision should be there to ensure that 'all candidates - successful or unsuccessful, serious or non-serious - submit the returns of election expenses'. "In case of default or failure of a candidate to disclose the source of funds and submit returns of the election expenses in the manner prescribed by law, the Election Commission should be empowered to disqualify a candidate for an appropriate period to be specified in the law."