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EC's power becoming 'limited', opposition objections rejected

Jatiya Party Member of Parliament Fakhrul Imam objected to the introduction of this bill that the powers of the Election Commission (EC) are "limited". But it was voted down.

Speaker on Monday afternoon. Minister of Law, Justice and Parliamentary Affairs Anisul Haque presented the Bill on the Representation of the People Order (RPO) Amendment Bill in Parliament in the session presided over by Shirin Sharmin Chowdhury. The bill was later referred to a parliamentary standing committee for further scrutiny. The committee has been asked to submit a report on the bill to Parliament within the next 15 days.

Earlier, Fakhrul Imam objected to the introduction of the bill, claiming that the EC's power was being curtailed through the amendment of the law. He said that due to irregularities on the polling day, although the election commission has the power to close the polling stations in the entire constituency, the powers of the election commission have been undermined. He said that the Constitution is giving independence to the Election Commission.

Even after 52 years, we passed the Election Commission (Establishment) Act. The Election Commission will be independent in carrying out its duties. We are going to legislate. If the law abolishes the independence, then how will the commission remain independent?

Referring to the amendment of the bill as conflicting with the spirit of the constitution and democracy, MP Jafar said, we want to see the election commission as an independent role. Whatever the Commission sends should be passed by Parliament.

In response to Fakhrul Imam's statement, the Law Minister claimed that the Election Commission has the power (Article 91A of the RPO) to stop voting in the entire constituency subject to investigation due to coercion, disturbance, violence. However, a new amendment has been introduced, where the EC will be able to close the centers where irregularities have occurred. It has not undermined the power of the EC, rather it has strengthened the EC.

The minister said that this amendment is not contrary to the constitution or democracy. Section 91 (A) of the Act states that if the Election Commission finds that there is a problem in any constituency, there are questions, confusion, voting is prevented, then the Commission can stop the entire election.

The law minister said that the commission is not being given the power to stop polling in all centers due to disturbances or violence in two or three centers. This means, it is not against democracy. Because the Election Commission cannot stop the elections that have been held properly, where the people have democratically exercised their right to vote. If it could stop it would be undemocratic.

As per the provisions of the RPO Bill, the way to stop the polling of the entire constituencies is barred for the disturbance-coercion of just a few centres. If there are no irregularities in all the polls, the polling of the entire seat cannot be stopped, only the polling stations can be closed. In this, the EC cannot suspend or cancel the results of the election of any seat of the National Assembly unless there is an allegation of irregularities in all the centers. The EC will have the power to annul the polls or results of only those (one or more) polling stations where allegations of irregularities are proven.

The statement containing the purpose and reason of the bill states that for the purpose of free, fair and impartial elections, provision of payment up to the day before the submission of nomination papers instead of paying the bill seven days before submission of nomination papers, prevention of influence of muscle power during elections, submission of income tax certificate along with nomination papers, RPO to ensure safety of media workers and observers. Needs correction. The bill, if passed into law, is expected to contribute to free, fair and impartial elections.