12:00 AM, December 31, 2018 / LAST MODIFIED: 03:53 AM, December 31, 2018
Snapshots of Polls Day
0
An empty playground at the Nawabganj Pilot Girls High School polling centre in Dohar upazila. The photo was taken around 10:00am.
Photo: Sheikh Mehedi Morshed, Orchid Chakma, Prabir Das, Amran Hossain, Sk Enamul Haq
A presiding officer brings out the ballot papers for a voter who uses a wheelchair at Dania College centre in the capital's Jatrabari. Many people with disabilities faced difficulties casting votes as most of the centres were not disabled-friendly.
A police team outside a voting centre in Narayanganj.
Shamim Osman, AL's candidate for Narayanganj-4, sips a cup of tea while exchanging greetings with voters outside a polling centre in Dharmaganj area.
Two first-time voters show off their ink covered thumbs after voting at Avoy Bonodini High School in the capital's Rajarbagh.
Urdu-speaking voters make their way to a voting centre at Dhaka Residential Model College in the capital.
A crowd gathers outside the polling centre at Madhubagh Madrasa in the capital after the Awami League men shut the gate and refused to let anyone in.
Voters checking their phones for their voter numbers at Ali Ahmed Majumder School and College in Dhaka's Goran. Many were turned away after failing to find the number.
The High Court will deliver its order today on a writ petition that challenged the legality of oath-taking of lawmakers elected in the December 30 national election.
Advocate Md Taherul Islam Tawhid filed the petition on January 14, praying to the HC to issue a rule asking the Election Commission and the government to explain why the oath taking should not be declared illegal.
The lawyer also sought necessary HC orders on the authorities concerned to block the new lawmakers from discharging their functions.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal fixed the date after holding a hearing yesterday.
During the hearing, Taherul's lawyer Barrister AM Mahbub Uddin Khokon argued that the oath-taking violated articles 123(3) and 148(3) of the constitution of Bangladesh.
According to article 123(3)(a), parliamentary election shall be held within 90 days of dissolving the incumbent parliament.
“As the 11th national election was held without dissolving the 10th parliament, the polls have breached the constitution,” Barrister Khokon said.
Moreover, as per article 148(3) if a person is required to make an oath before entering an office, s/he shall be deemed to have entered office immediately after the oath.
Following article 148(3), the new lawmakers shall be deemed to have taken office right after they were sworn in, Khokon added.
However, the 10th national parliament which first sat on January 29, 2014 still exists and will continue till January 28 this year as per Article 72(3) of the constitution, he said, adding, “the oath-taking of the lawmakers is hence unconstitutional”.
On the other hand, Attorney General Mahbubey Alam opposed the writ petition saying that the petitioner lacks locus standi or sufficient interest in the matter in question.
“Advocate Tawhid is neither an elected lawmaker nor a candidate of the December 30 election,” the AG said, adding that there is no legal basis for the court to consider the petition.
Body:
Four university students remain missing since they were allegedly picked up by plainclothes men in the capital's Farmgate area on Saturday, the day before national election.
Their families yesterday held a press conference at Crime Reporters' Association Bangladesh, demanding safe return of the youths.
The missing are: Abu Khaled Mohammad Jabed, 25, a third year student of Bangla at Asian University; Borhan Uddin, 26, English student at Stamford University; Rezaul Khalek, 24, final year student of Pharmacy at Manarat University; and Syed Maminul Hasan, 27, former student of a Unani Ayurvedic Medical College.
“We are very anxious about their fate, as we have been out of contact with them for two days,” said Jabed's brother-in-law Yeasin Karim at the press conference.
He urged law enforcers to rescue the youths or to produce them before the court if they were detained for any crime.
Some plainclothes men identifying themselves as law enforcers dragged them out of a bus in Farmgate on their way home in Mirpur-1 after shopping at Aziz Super Market, Yeasin said quoting a friend of theirs who was also in the bus but escaped detention.
“We contacted local police stations and other wings of law enforcement agencies but all denied picking Jabed up,” he said.
The families drew attention of national and international human rights organisations to be vocal for their release.
Contacted, Abdul Baten, additional commissioner (detectives) of Dhaka Metropolitan Police said they did not detain the youths.
Mufti Mahmud Khan, Rab's Legal and Media wing director also said they did not carry out any drive in Farmgate on that day.
Body:
Transparency International Bangladesh (TIB) today demanded judicial probe over the reported violations during the 11th parliamentary election.
The anti-graft watchdog also voiced concern as the election was "questionable and debatable" due to allegations of violations of code of conduct, use of force, and death of 19 people.
In a statement issued today, its Executive Director Dr Iftekharuzzaman said: "The set of violence and multifaceted violations of election code that has raised doubts over the election and its results must be investigated impartially.”
He said: "We demanded that level playing grounds be created for all stakeholders from the beginning. However, news of attacks, repression and lawsuits intended to harass the candidates and their supporters of a contending alliance as reported by the national and international media is an ominous sign for democracy."
"Such harassment allegedly continued even the night before and day of elections. The most worrying fact is that people might lose their confidence on the system of democracy."
He goes on saying: "The way the chief election commissioner tried to shrug off the allegations that the polling agents of an alliance is embarrassing and the concern has deepened whether the commission could effectively carry out its constitutional duty."
“Ensuring justice through a judicial probe of the allegations will be of immense value for the credibility, self-confidence and public trust of a government that is being formed in the wake of an unprecedented outcome of an unprecedented election,” he added.
Body:
Re-balloting at three polling centres under Brahmanbaria-2 constituency, where voting was suspended during the December 30 election, will be held today.
In case of 100 percent turnout of 10,574 voters, BNP candidate Abdus Sattar Bhuiyan needs 208 votes while his nearest rival independent contender Moyeenuddin Moyeen needs 10,367 votes to win the election.
The three election centres are Jatrapur Govt Primary School, Bahadurpur Govt Primary School and Sohagpur Dakkhin Govt Primary School.
Re-voting is necessary as the margin of votes between Sattar and Moyeenuddin is 10,159, less than the total votes at the three centres.
Body:
After Bangladesh's journey began on the path to becoming a modern democracy in 1991, many expected that electoral democracy would gain a strong footing gradually. But that hope and aspiration stumbled for the first slip at the infamous Magura-2 parliamentary by-polls on March 20, 1994. It became a symbol of a rigged election in the era of democracy, which seemed to have been restored after Ershad's autocratic regime came crashing down.
That by-election brought two issues to the fore: that a free and fair election was not possible under a partisan government, and that the Election Commission was not free at all under a political government. The by-polls helped the Awami League-led opposition parties of that time to intensify their campaign for the introduction of a non-partisan, election-time government.
In the face of a strong campaign launched by the opposition, a caretaker government provision was introduced in the constitution and, subsequently, four national elections were held under non-partisan caretaker governments. Those elections were, by and large, free from the controversy of vote-rigging and ballot-stuffing. But the caretaker government system was annulled from the constitution following a court verdict. And we saw a resumption of the old tactics of vote rigging, with polling centres being run over by party cadres, ousting of polling agents, stuffing and snatching of ballot boxes, and intimidation of voters.
Then came the two controversial national elections of 2014 and 2018. While the BNP boycotted the 2014 election, the 2018 election saw 153 ruling-party-aligned candidates elected uncontested amid widespread allegations of irregularities. There were allegations that ballot boxes were stuffed the night before the election, and the opposition camp lost the election even before voting had begun.
In recent times, we have also witnessed voter turnouts gradually declining, which is surely an ominous sign for democracy.
After around three decades, if we look back at that fateful by-election of Magura, we would realise that the situation has not changed much. It happened again at the Gaibandha-5 by-election. The issue of by-elections came into discussion once again when seven BNP lawmakers – the only BNP candidates who had managed to win in 2018 – resigned. After their resignation, the Election Commission announced the election schedule, and the ruling Awami League and the main opposition in parliament, the Jatiya Party, nominated their respective candidates. But the Brahmanbaria-2 by-poll stole the show as a former BNP leader (after having been expelled from his party), Ukil Abdus Sattar, contested the election as an independent candidate.
Sattar had been elected five times from the constituency and had been state minister as a technocrat. His loyalty to the party was unquestionable. Following an order from the party high command, he had resigned from parliament, but made a surprise turn-around as he decided to contest the by-election as an independent candidate, in turn getting himself expelled from the BNP. The belief held in his constituency is that Sattar is contesting the polls for two reasons – first, he was trapped by the government and second, out of fear that he would not get the party ticket for the next election as he is over 83 years old.
Another reason is that BNP leader Rumeen Farhana has a high probability of getting the party nomination in the next election from that constituency. For Sattar, his political future is almost ending. Many in the constituency have also said that it is actually Sattar's son who is trying to "make his future" through this by-election.
This particular by-election attracted further attention when all three ruling Awami League aspirants – it was open to anyone interested to run – withdrew their candidacy following the directions of party high-ups. It turned out to be a cakewalk for Sattar. On AL's part, it was presumably a good gesture to let a senior politician of the opposing camp have a last hurrah, since he is most likely at the twilight of a long and distinguished career. However, it is so rare that this incident is certain to go down in history as a very likely one-off where the ruling party favoured an opposition candidate.
The ruling Awami League has repeatedly said that the next election will be a free, fair, and inclusive one. BNP sent a strong message through the resignation of its lawmakers, saying that it was not making empty threats when saying that the party would not join any elections under the incumbent government. And Awami League appeared to have countered this with a tactic of sending a message to BNP aspirants, saying they might get an open field if they break away and run during the elections. Then, Awami League could claim the elections to be inclusive and also be certain of retaining office.
It is often said that in politics, there is no last word. Through Sattar's participation, the ruling Awami League will try to prove a few things, particularly that BNP's decision to resign from the parliament was wrong, and will send a message to BNP leaders and aspirants that they may have a chance in the next polls if they betray their party and create a few cracks in what has so far remained steadfast determination. It is perhaps BNP's biggest achievement of the last 15 years that the party remained intact, with none of its stalwarts breaking away. But Sattar's election may have an impact.
But one must wonder whether this move was indeed a good strategy for the ruling party. Is politics just a voting game? Should there not be moral or ideological practices in politics? After all, the one thing politicians must keep in mind is that once someone is labelled as a traitor, it hangs around their neck like the fabled albatross.
BNP had to rig the Magura by-polls in 1994 to back their claim that their popularity had not decreased. Three decades later, the AL took on a different strategy and let an independent candidate win to coax out aspirants from BNP's fold. In 1994, although BNP won the polls, it was defeated in politics. The Awami League might console itself with a self-congratulatory chuckle thanks to Sattar's victory. It might almost seem that the Awami League has manipulated a win in the first skirmish. But will such a stratagem or tactic win them the war?
Mohammad Al-Masum Molla is deputy chief reporter at The Daily Star.
Leave your comments