The Election Commission is actively preparing to conduct the polls within the next 90 days, but political disputes loom
Published : 01 Nov 2023, 11:12 AM
The 90-day countdown to the 12th national election has begun against a backdrop of political conflict and violence.
The Election Commission is mandated by the Constitution to hold the election between Nov 1 and Jan 29, 2024, and is actively making preparations.
The president, as tradition dictates, is expected to be briefed by the commission led by Kazi Habibul Awal during the first week of November.
However, disputes over the electoral process have caused tension among political parties, resulting in violent clashes and deaths during the BNP and like-minded groups' strike and blockade programmes, causing public concern.
Observers recommend resolving these differences through dialogue, but there is currently no sign of compromise between the two major parties.
The 90-day countdown to the 12th national election has begun amid political conflict and violence
The Election Commission is constitutionally mandated to hold the election between Nov 1 and Jan 29, 2024
Political disputes over the electoral process have led to tensions, with clashes during strike and blockade programmes by the BNP and like-minded groups
Calls for resolving differences through dialogue have been made, but no compromise has been reached between the major parties
US and European countries are closely monitoring election preparations, advocating for free, fair, impartial, and peaceful elections
Chief Election Commissioner Kazi Habibul Awal acknowledged that the desired polling environment has yet to materialise, but he emphasised the commission's obligation to fulfil its constitutional duty, even in unfavourable conditions.
The election regulator is committed to conducting the elections in accordance with the prescribed method (under a democratically elected government) and within the specified timeframe (90 days before the term's conclusion).
The United States and European countries are closely monitoring the run-up to the elections in Bangladesh. Diplomats have consistently called for the next election to be free, fair, impartial, and peaceful.
US Ambassador Peter D Haas met with Awal on Tuesday and reiterated the need for unconditional dialogue to resolve political differences.
During the 90-day election period, the Election Commission expects to receive support from the incumbent government. The CEC has already indicated its intention to monitor the activities of the administration, police, and other officials related to the election during this period.
During a meeting with deputy commissioners and superintendents of police on Oct 8, the CEC warned officials against aligning themselves with party politics. They should refrain from any actions that could compromise their impartiality as public servants, he said.
The CEC stressed that the commission's position during the elections would be stringent, and field officers would be subject to oversight, with no tolerance for any lapses in their performance.
Law Minister Anisul Huq has confirmed that the current Awami League-led government will function as an election-time government after the schedule is announced, following the precedent of the 2014 and 2018 elections. During this period, the government will focus on routine tasks and avoid making policy decisions.
Prime Minister Sheikh Hasina has already outlined the government's role during the election period.
In 2011, the caretaker government system for parliamentary elections was abolished through the 15th constitutional amendment.
Article 123 of the Constitution, which deals with the electoral process, specifies that elections must be held within 90 days of parliament's dissolution, whether due to the expiration of its term or other reasons.
Article 72 of the Constitution stipulates that there should not be a break of more than 60 days between the end of one parliamentary session and the commencement of the next, with the exception of the 90-day period mentioned in Article 123.
The 25th session of the 11th Parliament is currently underway and will continue until Nov 2. The term of the current parliament will end on Jan 29, as its first session convened on Jan 30, 2018.
WHAT LIES AHEAD FOR THE EC IN THE NEXT 90 DAYS?
Election Commission Secretary Md Jahangir Alam said the commission's core activities will start after the announcement of the election schedule, and an interim government will be established during this period.
The EC is preparing to release the schedule for the 12th parliamentary elections in the first half of November, with the polling date expected to fall in the last week of December or the first week of January.
In this process, the commission will hold meeting with law enforcement, inter-ministerial discussions, and consultations with registered political parties. The commission will then meet with President Md Shahabuddin to apprise him of all preparations, as is customary.
During the election period, the EC holds the authority to enforce the electoral code of conduct regulating the appointment and transfer of personnel involved in the election process. Instructions will be issued to ministries, departments, and offices in accordance with the laws and regulations.
Subsequently, the commission will convene a meeting to finalise potential election dates, appoint returning officers and assistant returning officers, and address other matters.
The CEC will announce the schedule via national television and radio broadcasts. The commission will provide detailed voting guidelines, including the deployment of law enforcement and armed forces, and urge parties and candidates to adhere to election laws to ensure uninterrupted access for voters to polling stations.
The commission has scheduled a meeting with the law ministry for Nov 1, followed by discussions with political parties on Nov 4, and a meeting with the president on Nov 5.
"We have made all the preparations as per our roadmap. The schedule will be released in the first half of November. In addition to pre-schedule preparations, 44 registered parties have been invited to the EC in two phases on Nov 4 to gather feedback," said Jahangir.
The president or general secretary of the registered parties or at least two of their representatives have been requested to participate in this dialogue with the commission.
However, the BNP and like-minded parties, along with some leftist groups, have not responded to the Election Commission's call for dialogue.
Eight such groups were invited to informal meetings, but they did not attend.
CALLS FOR POLITICAL DIALOGUE
Stressing that violence has no place in democratic elections, US envoy Haas urged all political parties in Bangladesh to engage in unconditional dialogue to facilitate "free, fair, and peaceful" elections. He made the call after a meeting with CEC Awal, emphasising that political parties should adopt non-violent strategies in their approach.
Retired major general Abdur Rashid, a security analyst, said that the political tactics of parties should be non-violent, as elections should serve as a means to change power.
When a party employs violence tactics, it becomes evident that they are not genuinely supportive of fair and transparent elections, he said.
Rashid highlighted the need for a peaceful and conducive election environment and criticised parties that insist on everything conforming to its demands, potentially avoiding elections if their conditions are not met. He deems this type of political strategy as unsustainable.
Foreign dependence by opposition parties is also not a viable electoral strategy, and it is crucial for them to engage in discussions and compromise, according to him.
Election analyst Dr Abdul Alim stressed the importance of dialogue in a democracy, especially when there are differences among political parties. He called for all parties to sit together to address the challenges surrounding elections in Bangladesh and reach a consensus.
He added that the time is ripe for parties to come together and find solutions, given that the countdown to the election has begun. However, Alim acknowledged the historical challenges in fostering dialogue and compromise among political parties in Bangladesh.
Prime Minister Sheikh Hasina, the chief of the Awami League, rejected the possibility of dialogue with BNP in a media briefing on Tuesday. She said the government would continue to function during the election in a manner similar to parliamentary democracies in other countries.
HOW WERE GOVERNMENTS MANAGED IN PREVIOUS ELECTIONS?
Ahead of the parliamentary polls in 2018, then cabinet secretary Mohammad Shafiul Alam discussed the issue of election-time governments.
He noted that while there was no explicit declaration by the prime minister about an "election-time government", the activities of such a government begins when the election schedule is announced.
Alam said that from the moment the schedule is announced, it should be understood that the government is essentially functioning as an election-time government, although the term is not formally recognised in the Constitution.
There is no clear constitutional provision for an election-time government in the current system. In practice, elections are conducted under the administration of the ruling government, and Parliament does not need to be dissolved before the election.
However, once the 90-day countdown begins, Parliament ceases its usual activities.
During the 10th parliamentary elections, Hasina formed a relatively small cabinet, incorporating leaders from Awami League's coalition partners. This smaller cabinet was responsible for day-to-day government operations.
Hasina announced her intention to manage the government during the upcoming election in a manner consistent with the 2018 model. She explained that the election-time government would operate similarly to parliamentary democracies in England, Australia, India, and Canada.
She emphasised that, as in 2014 and 2018, ministers from other parties may be appointed, following the approach common in those countries. The government would maintain its routine functions to prevent any immobility, ensuring that it continues to operate throughout the election period.