THE demand for holding future parliamentary elections under a caretaker government has its root in the allegation that by-elections could not be freely and fairly held as the party In power indulged in unfair acts and abused its power to influence the election results.

Thus, it is imperative to analyse and consider how far these allegations are correct. So far by-elections to 16 seats have been held. The first serious allegation was made about Mirpur bye-election. The allegation was announcement of result through media-coup in favour of BNP nominee.

It is on record that EC promptly responded and to clear public mind about fairness of the election, took a bold — indeed very hold — decision and ordered recounting of votes cast in all the polling centres. This was done in presence of leaders of the contesting parties, candidates and their representatives. Recounting confirmed the result earlier announced. Thus, there can remain no misgiving about Mirpur by-election.

Since the present government came to power, elections to union parishads. municipalities. and city corporations have been held. EC took adequate measures to ensure free and fair election. It is on record that there has not been any allegation about governmental influence or interference in these elections.

I would make special mention about the election of Mayors In four City Corporations. Dhaka is the seat of the government. In Dhaka City, admittedly from almost all the constituencies. BNP .nominees were elected as members of the Parliament. This being the position how Awami League nominee Mr Mohammad Hanif could defeat the BNP nominee and become Mayor of Dhaka City Corporation had the election not been free and fair? In Chittagong also Awami League nominee defeated BNP nominee and became Mayor.

Regarding Magura by-election, it is difficult to appreciate why the opposition parties did not take recourse to seek redress of their grievance either through filing case before the election tribunal, or by filing application before the EC specifying the grievance/ grievances. The manner in which Magura by-election has been made an issue of and the extreme measure resorted to by boycotting sessions of Parliament, together with the demand for mid-term election under caretaker government. Justifiably raise the question as to whether some of opposition parties contributed to create a

situation which would provide ground to allege that free and fair election cannot be held with this government in power. Be that as it may. even if the election and/or election result of a particular constituency has been influenced by the government, this cannot be a ground for demanding future elections under a caretaker government. Such allegations from contesting parties are not unknown Ln some other countries. But the remedy is sought through "Election Commission" and tribunals created for the purpose. Nowhere In the world has a demand been raised to ask the elected government to go out of power and make room for an unelected caretaker government to hold election. This is against the very concept of democratic principle.

Admittedly all the political parties are pledge-bound to Institutionalise democracy. To achieve this, it is Imperative to adhere to the known democratic principles and norms and allow the process of evolution to proceed without let or hindrance. Institutions should be given more importance than individuals. The political parties must show tolerance, minimum sense of trust and confidence in each other. These are the prerequisites for democratic rule.

■in the past, time and again democratic process was disrupted because of Intolerance, distrust and mistrust basically emanating from placing self and party interest above national interest.

Caretaker government doei not hold elections. Under the Constitution, it is the Election Commission which Is responsible for holding elections. The parliamentary elections held in February 1991. were conducted by the Election Commission. The painstaking efforts of the EC and its resultant success were highly commended both at home and> abroad. Only after defeat in the election. Awami League chief ventured to say that there was subtle rigging. Of course no one took any notice of this.

Now, what Is necessary Is to strengthen the EC with powers to take measures that rriay be considered necessary for ensuring free and fair election. The opposition parties may put up suggestions which will provide adequate powers to EC. It Is an independent Institution under the Constitution and the government cannot Interfere with the same way as it cannot interfere with the functioning of the Supreme Court.

Frankly I consider It undesirable and unfeasible to hold future elections under care-

taker government.

(a ) To entrust the responsibility of governing the country to an unelected person even for an interim period, in preference to the elected government is against the very concept of democracy.

b) It will involve amend ment of a number of Articles of the Constitution including those relating to President. It will be totally undesirable to vest an unelected person with the powers of an elected President. Such a venture may lead to unpredictable consequences in the event of an emergency. This may induce vested quarters, opposed to democracy, to seize state power.

c) There can be no guarantee that the person selected as head of the caretaker government will not have bias for one or the other contesting political party.

d) What will happen If the selected person dies before election or becomes Incapable of discharging his responsibilities?

e) In 1990 a caretaker government became Imperative as it was very clear that with the fall of Ershad regime their will be total vacuum. Now the situation is entirely and essentially different. The elected government Is there.

0 Another serious disadvan-

tage of a caretaker government will be its non-accountability.

g) It is totally undesirable to dislocate the process of democratic governance in the country. This will hinder the growth of democracy.

There also remains a big question as to how and by whom the head of the caretaker government, will be selected. Obviously it has to be by agreement between the party in power and the opposition parties. If consensus can be reached In this respect there can be no reason why consensus cannot be reached in vesting the EC with more power and/or making laws, if considered necessary, to ensure free and fair election.

My specific suggestions are:

a) EC be vested with rulemaking power.

b) Identity Cards for voters be introduced.

c) No person should be en-, rolled *s voter in more than one place.

d) Number of polling centres should be sufficiently increased. This will help facilitate greater supervision and vigilance in maintaining law and order.

e) The rules relating to election expenditure should be strictly enforced. To achieve this (I) the maximum number of posters a candidate can print has to be fixed: (II) there should be stipulation on number of meetings and processions and the use of mikes. For taking out processions prior permission would need to be sought and received without fall to avoid confrontation between the contesting candidates. Torch processions should be prohibited.

f) During a period of one month preceding the date of polling, government shall not announce any donation or declare undertaking of any new project in any particular con-. stituency.

g) During a period of seven days preceding the date of polling, ministers shall not visit any constituency other than their own. if they contest election. This, however, will not include the president/ chairperson., general secretary, organising secretary, of the political parties.

h) Announcement of election results shall not be made except under the authority of the EC either through radio, television, or publication in newspapers.

i) Polling agents from outside the area covered by the polling centre should not be allowed

J) On the date of polling, movement of vehicles in the areas should be restricted

Incidentally, some political leaders are claiming that their demand to hold future elections under a caretaker government has become a national demand. This is apt to mislead people. Just because opposition parties In Parliament make a demand it does not become a national demand. A national demand essentially means demand by all or at least by the-overwhelming majority. Admittedly, all the opposition parties put together in Parliament are in a minority.

The claim Is also totally untenable. It is also important to consider whether the continued boycott of the sessions of Parliament by opposition parties to force the government to accept their demand is democratic. Under democratic dis-' pensation. minority opinion or decision cannot prevail over the opinion or decision of majority.

The lasting solution to election problems Ues in enhancing the role of Election Commission as an Independent body, and allowing the process of democratic evolution to go forward uninterrupted. Caretaker government is no solution.

The writer is an Advocate. Bangladesh Supreme Court: former senior vice-president Jatiya Gonomukti Union, and member secretary. Nationalist Lawyers' Forum.