Chief Election Commissioner (CEC) Kazi Habibul Awal on Wednesday declined to comment on the latest amendment to the Representation of the People Order (RPO) that empowered the EC to cancel or postpone the voting in one or more than one centre for irregularities, but not of the entire constituency.
The Representation of People Order (Amendment) Bill 2023 was passed by parliament on Tuesday amid opposition protests.
“It is not an appropriate time to comment on the passage” of the RPO amendment bill the CEC told reporters at the election commission headquarters in the city.
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The law previously stated, in Section 91A of the RPO, that the commission may ‘stop the polls at any polling station [or entire constituency, as the case may be] at any stage of the election if it is convinced that it shall not be able to ensure the conduct of the election justly, fairly and in accordance with law due to malpractices, including coercion, intimidation and pressures, prevailing at the election.’
The amendment replaced the word ‘election’ in this section with ‘polling’. Whereas polling denotes the activity on the day of the vote, election denotes the entire process.
Pressed to comment on the amendment, Awal said “I am waiting for the bill to become a law after the president gives his ascent. Bill and law are not the same,”
“Until then I'm not sure. I will not comment on this now,” he insisted.
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The ‘Representation of the People’s Order (Amendment) Bill, 2023’ was passed in the parliament on Tuesday with the key amendment authorising the Election Commission to postpone or cancel the results or voting of one or more than one polling stations in any number of constituencies on polling day, but not the entire election to a constituency.
Law minister Anisul Haq moved the bill in the parliament, which was passed by voice vote. Through this, amendments were brought to the Representation of the People Order, or RPO - the law that governs elections in Bangladesh.
As per the new provision, the Election Commission has been empowered to postpone or cancel the result of one or more than one polling station at any time during balloting (polling day) or ballot counting, due to use of muscle power or any other reason.
But there is no provision of cancelling the entire election to a constituency in the proposed law- as happened during the Gaibandha-5 by-election in October.
After that paragraph, a new paragraph is included in the amended RPO. The new paragraph states: ‘The Commission may withhold the result of any polling station or polling stations, if it is convinced that the result of such polling station or polling stations was grossly prejudiced by malpractices including coercion, intimidation, manipulation or otherwise, and after prompt inquiry of the matter, in a manner as it may deem appropriate, direct publication of the result of such polling station or polling stations or declare the election of any such polling station or polling stations cancelled with direction for holding of a fresh poll in such polling station or polling stations, as that may seem to it to be just and appropriate.’
Opposition party Jatiya Party (Japa) has opposed the amendment saying it curtails EC’s power.
However, Law Minister Anisul Haque denied the criticism in parliament.