High Court issues rule over bar on use of party identity, symbol in city election

The High Court has issued a rule asking why the bar on use of political party’s identity and symbol in elections to local government bodies such as city corporations would not be declared against basic constitutional rights.

It referred to the four rules of the electoral code of conduct which prohibit using political identity in posters and leaflets meant for local government polls campaign.

The High Court bench of justices Quazi Reza-Ul Hoque and Abu Taher Md Saifur Rahman issued the rule on Monday after hearing a petition.

It asked the Election Commission and secretaries to the local government and law ministries to come up with explanations by two weeks.

Three rules of 2010 city corporation and Union Parishad polls, and one of 2013 Upazila Parishad polls code restrict distributing posters, leaflets and handbills.

They do not permit using names and symbols of political parties, or names or images of political leaders in campaign. Only images of candidates and electoral symbols can be used in canvassing.

Also, contestants in the local government polls cannot use their party symbols.

“These rules violate basic rights and freedom of speech enshrined in the Constitution because they deprive candidates of chances to express their political opinions,” the plaintiff’s lawyer Md Ujjal Hossain told bdnews24.com.

Although all elections were held along party lines, the last military-backed caretaker government amended the law making the local government polls non-partisan.

However, everything remained the same on the ground as parties continued to endorse candidates and their activists campaigned for the party-backed candidates.

This raised questioned about the new non-partisan local government polls system.

Last year, Local Government Minister and ruling Awami League General Secretary Syed Ashraful Islam said he was in favour of partisan local polls.

He had hinted at amending the law to this end.

Prime Minister Sheikh Hasina, too, expressed similar opinion earlier this year.

She said everything about the non-partisan local government polls were partisan.

“But they (the winners) don’t have any liability since the polls are non-partisan. The party cannot take actions against them for their misdeeds.

“The local polls should be held along party lines like the general elections to ensure transparency and accountability,” she told Parliament.