While participation of a good number of listed criminals in the upcoming municipal polls has raised fears of widespread law and order failure, the Election Commission has no legal means to keep them out of the electoral race.

"Existing electoral laws cannot bar these elements from contesting the city corporation polls," said a senior EC official. "As a result, wanted criminals take part in these polls and eventually come out winners to hold public offices."

According to reports in leading news dailies, quite a few listed criminals have filed their candidature for the elections to the Dhaka, Khulna and Rajshahi city corporations.

In the Dhaka City Corporation (DCC) elections alone, 278 aspirants for the post of word commissioners have criminal records.

Of these aspirants four are most wanted who have launched massive election campaign in front of the very eyes of law enforcers.

Chief Election Commissioner MA Syed has told The Daily Star that the EC is looking into the matter and will soon take steps to prevent crimi-

nals from contesting city corporation polls.

However, he admitted that the commission did receive nomination papers of some listed criminals but had to declare them valid anyway.

"The Election Commission had to validated their nomination papers as it has no tool to debar them from the electoral race within the purview of existing law," said a returning officer of the ensuing city polls, who preferred not to be named.

The existing city corporation law relating to criminal offences of an aspirant provides that a person shall be declared disqualified for being elected as a mayor or a commissioner if he has been on conviction for any offence, sentenced to imprisonment for a term of not less than two years, or on conviction for any offence relating to corruption or criminal misconduct, sentenced to imprisonment for any term unless a period of five years or such less period as the government may allow in any particular case has elapsed since his or her release.

Another member of the four-member commission said changes in the electoral laws should be made in line with the changing demands of time.

"However, right at this moment, despite its intention to do so, the commission has no way of keeping the criminals off the electoral fray," he said, requesting not to be named.

Over the years, local mastaans (musclemen) have become a prominent feature in municipal elections, making their way to public offices through use of local influence.

Upon being elected, these people patronise supporters having criminal records. Despite sustained outcry from the media, the civil society and the conscious citizens

for effective laws to bar criminal elements from holding public offices desired electoral reforms remain a far cry.

"The law should be drastically changed and drastic action should be taken against these criminals," said Dr M Zahir. "Public opinion should be mobilised against criminals participating in any polls."

The eminent lawyer said that criminals use legal loopholes and a sluggish judicial process to contest the polls. "People are fed up with the situation and want the laws to be changed immediately."

A senior citizen said, "Once a criminal get elected to a local government body, he becomes virtually immune to criminal proceedings and criminal charges against him are hardly proved."

Professor Serajul Islam Chowdhury of Dhaka University believes people "feel more insecure as a result of criminals becoming their representatives".

As the EC has the authority, it should take measures to have the criminals disqualified from any election.

"Such public representatives do not represent people in a real sense,

they represent the political force they belong to."

He said use of arms, money and muscle power in elections does not reflect the aspiration of the common people.

Ironically, these people give character certificates to citizens of their respective words as the public representative. They issue birth and death certificate and certify other necessary documents of local people.

They are also empowered to take development activities in their areas that very often trigger armed clashes among local mastaans.

Although, the EC brought about major reforms in the country's electoral laws immediately before the last general elections, obtaining power to formulate polls-related rules, it did not pay heed to this matter.

Even, civil society leaders believe that the EC could have formulated a rule to exclude people having criminal records.

Since the parliament is in session, the EC could seek an enactment in this regard, they maintain.