The Election Commission has opposed at least 20 reform recommendations made by the Electoral System Reform Commission arguing that it would undermine its authority and create complexities.
In a letter sent to the National Consensus Commission on Monday, the EC also raised its logic behind its stance contradicting the reform proposals.
EC senior secretary Akhtar Ahmed on Monday told reporters that they sent their opinions, expressing different views over some recommendations to Vice Chairman of the National Consensus Commission Prof Ali Riaz.
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He said if the recommendations are implemented, it would undermine the EC’s authority.
The major areas where the Election Commission expressed different views are delimitation of constituencies, local body elections, appointment of returning officers and assistant returning officers, submission of nomination papers, qualification and disqualification for a candidate, certification of fairness and credibility of the national election, identity card management and EC’s accountability.
Independent Commission for Delimitation of Constituency
About the proposal for formation of a separate independent commission for the delimitation of constituency, the Election Commission thinks if the task is shifted to a separate body, it would undermine the EC’s authority given by the constitution, an effective norm, cause the waste of time unnecessarily, create complexity and enhance the government costs for separate budget and formation of organisation structure for the separate entity.
Besides, the EC is an independent entity and it has five and half a decade-long experiences and competences as well as an institutional memory in this regard.
The reform commission recommended that smaller district population quota for the small districts and greater district population quota for the larger districts with maximum plus or minus 10 percent deviation should be considered during the delimitation of constituencies.
But in the case of the Dhaka and Chattogram City Corporation areas, the deviation can be highest plus or minus 15 percent. It also proposed that three CHT constituencies should be considered as protected constituencies.
The EC argued that the proposal is unrealistic, as it would require the demarcation of over 200 constituencies and lead to a gradual increase in the number of constituencies in city areas.
It also said geographical position and integrity, population size, voter size, administrative units and advantages are rightly being considered during the delimitation of constituencies as per the existing laws.
Local Body Elections
The Electoral System Reform Commission recommended that the national election and the elections to all local government bodies should be held during a caretaker government extending its tenure to four months.
But the EC contradicted the recommendation saying that it is not possible to hold all the elections properly within such a short time as it took on an average one year to complete the elections to all local bodies in phases.
The reform commission suggested arrangement of local government elections before the national election. But the EC opposed it saying it would delay the national election.
Returning Officer Appointment
The reform commission recommended that EC’s own officers should be given priority during appointment of returning officers and assistant returning officers and if adequate EC’s officers are not found, then officers from administration and other cadres should be appointed.
In this regard, the EC said the priority should be exercised here considering the capacity and seniority.
Certification of Election Fairness and Credibility
The reform commission suggested that the EC should issue a gazette notification to certify fairness, credibility and acceptance of a national election within 48 hours of the election and before the publication of result in gazette notifications.
But the EC said it is unnecessary as the commission, being satisfied about the election, publishes results in gazette notification.
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Besides, the presiding officers and returning officers were already given enough authority in the laws for holding elections in fair and credible manners. The gazette notifications are issued following their reports.
The Election Commission said if they deem that a presiding officer or returning officer does any injustice or adopt any unjust means, the commission has authority to take actions against the person concerned.
The reform commission recommended that if a political party is aggrieved with the announcement to certify the fairness and credibility of a national election, there should be a scope for it to lodge any complaint with the National Constitutional Council or the Supreme Court within 48 hours. In that case, the council or the court shall settle the complaints within seven working days.
About the recommendation, the Election Commission said if such provision is made, the defeated political parties would get scope to make an election questionable unnecessarily.
Since there is a provision to file a petition with the electoral tribunal (High Court) challenging the fairness of election as per the Article 49 of the Representation of People Order 1972, the recommended provision is unnecessary.
EC’s Accountability
The reform commission recommended a provision so that EC’s legal, financial and administrative proposal should be placed before an all-party parliamentary committee led by the Speaker of the parliament or the proposed upper house instead of a ministry. Following the discussion with the EC, the all-party committee shall send the proposals to the authority concerned to take necessary steps.
But the EC said it is not the job of a parliamentary committee, rather it is an executive task.
Besides, it would intensify purposive influence and make the process lengthy.
The reform commission proposed that if election commissioners failed to perform their constitutional duty or breach their oaths, then such complaints can be investigated by the all-party parliamentary committee and send recommendations including taking legal actions to the president.
In this regard, the EC said this recommendation would invite a bad result as the explanation of ‘failure’ word is relative. Besides, the Election Commission would not be able to take a firm stance fearing reprisal.
NID Card Management
The reform commission recommended formation of an independent national citizen data commission to register, preserve and distribute national identity cards within the next seven years. Birth and Death Registration Information System (BDRIS), and Civil Registration and Vital Statistics (CRVS) shall be taken under the citizen data commission.
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In this case, the Election Commission said if the NID database containing the voter lists is shifted to any other entity, it will contradict the constitution and undermine EC’s constitutional authority. Now 186 firms like Bangladesh Police, intelligence agencies, Bangladesh Bank, NBR, Land Ministry, government and private banks receive services from the NID database.
Candidate’s Qualifications-Disqualifications
The reform commission recommended that if a person announced by a court as a ‘fugitive accused’ can’t contest the election. But the EC said this provision can be applied for ill-motives.
The reform commission suggested dropping the RPO provision that requires the elapsing of three year times following retirement of a person who was in the executive post of a non-government organization to contest in the election. But the Election Commission thinks the provision should be upheld.
Nomination Submission
The reform commission recommended all aspirants except those who are under legal custody should mandatorily present in person during submission of the nomination paper.
In this regard, the Election Commission said there should be scope for both online submission and offline submission; otherwise there might be recurrence of instances as occurred in 2014.