Code of conduct, prevention of pre-poll irregularities and election petitions

Code of conduct, prevention of pre-poll irregularities and election petitions

11.1 The code of conduct: To avoid malpractice and manipulation of any kind in the election process to ensure free and fair election, the Election Commission has, under article 92B of the Representation of the People Order, 1972, formulated the Code of Conduct for the observance of political parties and the contesting candidates. The salient features of the Code of Conduct are the following : a) Ban on subscription, donation etc. to any institution.- Following the announcement of the election schedule till the day of polling, no candidate or any person on his behalf shall, openly or in secret, give any subscription or donation, or make promise for giving such subscription or donation, to any institution of their concerned constituency or to any other institution, nor shall commit to undertake any development project within the concerned constituency. b) Use of Government accommodation like Circuit Houses, rest houses : All parties and candidates shall be given equal rights for using government rest house and circuit house on the basis of the application first made and in accordance with the existing rules for using of same. But the government officers engaged in the conduct of the election shall get preference to use Government dak-bungalows, rest houses and circuit houses. c) Election campaign : All political parties and candidates shall be given equal rights with respect to election campaign. Meetings, processions and election campaigns of the opponent shall be disrupted. d) Other activities include ban on use of any thoroughfare creating hindrances to the movement of the public, use of government media, government officers, employees vehicles or other state facilities, pasting of posters, leaflets or handbills over those of rival candidates, setting up camps on any road or places meant for use of the public, use of government rest houses, circuit house as a place of election campaign, use of printed paper imported from outside the country and use of multi-colored posters, use of number of microphones at a time, damage of land, building, movable or immovable properties of any citizen, wall writings, use of motor cycle or any other mechanical transport or any other mechanical transport, carrying of fire arms or explosives within the premises of a polling station, illegal interference of government officers or local influential persons in the election process, procession of buses, trucks or any other vehicles or torch procession, any bitter and provocative statement and any such statement that may hurt the sentiments of the followers of any religion, crossing of limits of election expenses, influences of money, arms, muscle power or local influence. e) Pre-poll irregularities :- Violation of any provision of these rules shall be considered as pre-poll irregularities. Pre-poll period, as defined in the rules, means the period commencing on the announcement of the election schedule and ending on the declaration of election results. 11.2 Prevention of pre-poll irregularities : (a) Establishment of Electoral Enquiry Committee : Any person or political party aggrieved by such violation may apply to the Electoral Enquiry Committee or Election Commission seeking redress. If the applications filed with the Election Commission is found by the Commission is tenable, it shall send the same to the concerned Electoral Enquiry Committee for investigation. In both cases, the Electoral Enquiry Committee, after making any investigation as per law shall submit its recommendation to the Commission. (b) Formation of Electoral Enquiry Committee: The Election Commission is empowered by article 91A of the Representation of the People Order, 1972 to establish a Committee to be known as Electoral Enquiry Committee with the judicial officers. (c) Functions of the Electoral Enquiry Committee: The Committee shall on the basis of information received or complaints made to it or on its own initiative, inquires into any matter or situation or any pre-poll irregularity including any situation or matter, which, in its opinion, may involve, by any person whosoever, as act or omission constituting intimidation, obstruction, coercion, or the publication of false information, or any other act or omission intended to or actually resulting in the obstruction of frustration of the preparation for, or the conduct of, free and fair election. 11.3 Election petitions: Under article 49 of the Representation of the People Order, 1972, an election petition shall be presented to the Election Commission within 45 days after the publication in the official gazette of the name of the returned candidate. The Election Commission will then make arrangement for submission of the election petitions to the concerned Election Tribunals constituted for the purpose by the Election Commission. The election tribunal is set up with the District and Sessions Judges at all the District headquarters. Besides, to expedite disposal of election petitions, Election Tribunals have been set up at all the 6 Divisional headquarters. These courts are headed by judicial officers of the level of a District Judge. Their sole and exclusive function is to try election petitions arising out of election disputes. .

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Party agents and election observers

Party agents and election observers

There is provision in Bangladesh election laws for appointment of Election Agents and Polling Agents to act on behalf of candidates. 10.1 Election Agents : The Election Agent of each candidate is entitled to visit the polling station and observe the poll. There is only one Election Agent for each candidate. The candidate must submit prior written notice to the Returning Officer containing particulars of his election agent. 10.2 Polling Agents : Each candidate may appoint up to two polling agents to be present and to observe polling at each polling station. However, if the station has more than one booth, the candidates are entitled to have up to five polling agents for the station. 10.3 Election Observers : While there is no specific provision of law allowing election monitoring or observation, the Election Commission has adopted a very liberal policy of entertaining local/International Observers to observe all elections conducted by the Commission. The following facilitator guidelines have been drawn up by the Election Commission for both foreign and local observers willing to observe the elections. 10.4 Role of the Observers : The observers may watch activities prior to polling day and observe actual polling including count of votes on the election day. It may be noted that on the election day (a) the observers may only observe the proceedings in the polling station and shall not participate in activities like campaign, voting, counting etc.; (b) they will not interfere with any of the election activities going on at the polling station; (c) announcement of any result of voting of a center or constituency must not be done by the observers/observer groups; (d) the observers are to be completely neutral and non-partisan and are required to satisfy the Election Commission on this. 10.5 Foreign Observers : (1) Foreign Observers (FO) who like to observe polling in Bangladesh may get in touch with concerned Bangladesh Embassy abroad. (2) FOs on arrival in Bangladesh are advised to enlist their names with the Ministry of Foreign Affairs (MOFA) to obtain necessary assistance from the assistance cell in the MOFA. (3) During their stay in Bangladesh they (FO) are to remain fully responsible for their board, lodging and transport. (4) FOs are issued appropriate accreditation cards. 10.6 Local Observers (1) Such Observers shall not be supporters of any political party and shall not do anything covertly or overtly which may compromise the quality of the election. Election Commission /Returning Officers reserve the right to cancel permission in cases of violation. (2) Such Observers are to obtain clearance individually or in a group from the Election Commission/Returning Officers, as decided by the Election Commission. 10.7 Requirements (1) All observers are expected to inform the Election Commission of the district/locations they want to visit during polling, so that the District Administration may assist them during the visit. They may be required to obtain IDs from the Returning Officer after having furnished the names and other particulars of the observers to be fielded. The Returning Officer of any Electoral area will have the authority to deny issue of ID to any Observer group if the Returning Officer is not satisfied with their antecedents. (2) While in the districts they are advised to act in accordance with the advice of the Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer, as the case may be, and to refrain from doing things which may disrupt poll proceedings. (3) At any given time not more than one Observer (Local and Foreign) may enter inside a polling center to avoid crowding and to facilitate the entry of others who may be waiting outside. A Presiding Officer/Asstt. Presiding Officer may ask any observer to withdraw from the center at any time if he thinks that the observer’s presence may prejudice the voting in the center. (4) During their visit to the polling centers the observers are to abide by all the legal and administrative requirements of the Presiding Officer/Asstt. Presiding Officer. (5) It is expected that a copy of the written report by the Observer Group will be given to the Election Commission soon after the conclusion of the poll. 10.8 Pre-poll Activities by Observer Groups : Observer Groups are encouraged to carry out at their own cost voter education programme, TV programmes, rallies etc. to encourage people to participate in the poll. Such activities are to be completely non-partisan, unbiased and free from any religious, local or sectarian prejudice. 10.9 Journalists : Journalists willing to observe the polling are also covered by these guidelines. The participation of large number of observers - national and international in 1991 and June, 1996 general elections improved transparency of the process of conducting the national election and added to their credibility and political acceptance. .

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