Fugitives can’t run in national elections

The Election Commission has proposed stricter amendments to the election law, including a provision barring fugitives from contesting national polls.

The EC sent 46 proposed amendments to the Representation of the People Order (RPO), 1972, to the law ministry for vetting on Tuesday. The RPO is the law under which the commission regulates national elections.

Under the new proposal, the EC has outlined several major changes, including recognising the armed forces as law enforcers and granting itself the authority to cancel a constituency's election if significant irregularities are found. The proposal also reintroduces the "No Vote" option in constituencies with only one contestant. If approved, it will allow the EC to hold a fresh election if "No Vote" get the majority votes.

Election Commissioner Brig Gen (retd) Abul Fazal Md Sanaullah briefed reporters on the proposed changes to the RPO yesterday.

When asked why the EC is now taking steps to disqualify fugitives, Sanaullah said: "The Election Commission has held discussions with the National Consensus Commission. The Election Commission is now satisfied and feels that including such a provision will be beneficial.

"In case of misuse, the provision could be amended again if necessary."

In February, the Electoral Reform Commission recommended preventing individuals accused of serious human rights violations from participating in elections if the International Crimes Tribunal accepts the charges.

The commission identified extrajudicial killings, enforced disappearances, inhumane torture, and attacks on journalists or human rights activists as severe human rights violations. It also recommended making individuals involved in money laundering ineligible to contest polls if the Anti-Corruption Commission accepts the charges.

The Election Commission had opposed the proposal earlier, arguing that such a provision could be misused and that political consensus was necessary.

At present, anyone convicted of a crime involving moral turpitude and sentenced to at least two years' imprisonment is barred from contesting elections unless five years have passed since their release. Individuals convicted under the Bangladesh Collaborators (Special Tribunals) Order, 1972, are also deemed ineligible.

Regarding the participation of leaders from banned political parties in the upcoming national election, Sanaullah said, "If a political party is prohibited from conducting activities, its leaders will not be able to contest the election under that party's name. As for independent candidates, time will tell how they will participate."

However, the proposal has drawn mixed reactions from politicians and experts.

Justice MA Matin, a retired judge of the Appellate Division of the Supreme Court, said a fugitive must first surrender to the court to seek legal protection. Therefore, disqualifying fugitives from contesting elections would not be inconsistent with the law.

Communist Party of Bangladesh General Secretary Ruhin Hossain Prince said it is the right of a citizen to contest polls until proven guilty. "I believe it is entirely unethical to enact laws considering specific individuals or groups. However, those who are convicted should not be allowed to take part in polls."

Revolutionary Workers Party of Bangladesh General Secretary Saiful Huq said, "It seems to me that this decision has been made based on political considerations. It will not be sustainable and is certainly to be challenged in court."

Prince and Saiful said that the "No Vote" option should be on the ballot in all constituencies.

PROPOSED CHANGES

"The commission will be able to take action against candidates who submit false information in their affidavits," Sanaullah told reporters.

"The Election Commission will be able to take action following the investigation. Even if the candidate is elected, the individual concerned may be recalled from office at any time during their five-year term," he added.

EC officials said the reintroduction of the "No Vote" option will ensure that nobody is elected uncontested. The option was last available in the 2008 polls, when about 3,82,000 voters chose it.

During the one-sided 2014 election, 153 of 300 lawmakers were elected unopposed, as most of the opposition, including the BNP, boycotted the election.

Earlier, 49 candidates nominated by the then-ruling BNP were elected uncontested in the February 15, 1996, election, which was boycotted by the Awami League, Jatiya Party, Jamaat-e-Islami, and other parties.

In the event of a tie between two candidates, a re-election will be held. The previous provision of deciding tied results was by lottery.

The amendment also recognised the army, navy, air force, and coast guard as law enforcement agencies during elections. Officials said that once armed forces members are defined as law enforcers, the EC will not need any additional order to deploy them for election duties. Members of the forces will also have the power to arrest offenders.

Provisions have been included in the proposal to take action against candidates, political parties, and organisations if they use artificial intelligence or similar technologies to spread misinformation or defame someone.

The EC also proposed that the president and members of the managing committee of any educational institution located in the relevant constituency be disqualified from running in national elections.

Candidates will be required to submit details of their sources of income, at home and abroad, along with a statement of assets and liabilities for themselves and their dependents.

It has also proposed making it mandatory to submit a copy of the income tax return along with the nomination paper.

The commission proposed raising the nomination deposit to Tk 50,000, up from the current Tk 20,000.

Moreover, candidates will be allowed to spend up to Tk 10 per voter, with a maximum ceiling of Tk 25 lakh for electioneering.

According to the new proposal, political parties receiving donations above Tk 5,000 will be required to inform the commission and the information would be upload to the EC websites.

Other key proposals include: candidates contesting under an alliance must use the symbol of their own party; nomination papers cannot be submitted online and must be filed in person; and polling agents of a candidate must be residents of the same constituency.