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Election Tribunals
It has been reported in this Journal that the Election Commission is likely to set up 64 tribunals in each of the 64 districts of the country to adjudicate election disputes We welcome this planned initiative. Election Tribunals are not new But the role and function of the ones being contemplated are likely to be quite different from those of the past.
The proposed tribunals will enjoy a lot of power, a proper and impartial use of which can help make the election truly free and fair. According to clause 63(1) of the Representation of the People's Order, the tribunal can declare null and void any election if it is satisfied that the "election of the candidate has been induced by corrupt or illegal practice" or that a "corrupt or illegal practice has been resorted to by the candidate or his election agent or any other person in connivance ftith the candidate or his agent".
These clauses strike at the root of a series of corrupt Electoral practices which have so often in the past perverted our polls. The very fact of the existence of such clauses can serve as effective deterrent for all those candidates or their agents who may be contemplating to adopt unfair means.
The type of violence that we have come to associate with polls in our country consists of buying votes, getting votes through intimidation, creating a situation of Insecurity so that supporters of one’s opponents do not come to cast their votes or the physical occupation of polling stations to ensure that vote is cast for one's own candidate only. All these violations of election rules are covered by the aforementioned clauses of the Representation of the People's Order.
We would like to express a stern word of caution to all candidates not to underestimate the will of this Election Commission in scrupulously adhering to the letter of the law in upholding the above mentioned rules. The candidates should not be misguided by whatever may have happened in the past. This Election Commission enjoys and reflects the mood of the people, and the mood is to hold a free and fair election. Anybody trying to 3 subvert it will have to face the wrath of the people and any action against them will have the full support of the people.
The proposed tribunals will also hear complaints of excess spending, over the limit of Taka 3 lakh. This means that a candidate, having won the election, can have his result rescinded if the tribunal Is satisfied that the candidate actually spent more than what was allowed. This should serve as a reminder to all those who are participating in the coming election that they have to fight and win the election through fair and legal means.
We extend our whole hearted support to all the efforts of the Election Commission in ensuring the fairness of the coming polls. The idea of setting up tribunals, in this context, appears to us to be a sound one. The setting up of the tribunals should be announced as early as possible and full publicity should be given to their role, function and authority. All the political parties should fully brief their nominees as to the importance of scrupulously following the election rules and of the risk they run of having their election results overturned by the tribunals if they adopt unfair means. Reputation of the political parties is also likely to be stained if too many of their nominees are found to be guilty of violating election rules by the tribunal.