THE by-election to Dhaka-10 constituency of the Jatiya Sangsad is over. The four-party candidate, and a close aide of Prime Minister, Alhaj Mosaddeq Ali Falu has been declared elected. His election result was gazetted in

record time and his swearing in was done in such haste that nobody

from the press could know it. These were so quickly done probably to avoid legal action by his opponent Major Mannan who threatened to go to court to nullify the election on charge of its being grossly rigged and unfair.

on the part of Falu the election may be over but not on the part of the people because this election has left such a big scar on their psyche. They would remember it for a long time for the ingenuity in vote rigging and unhindered manipulation featuring it all. Actually, the whole process of manipulation started when the returning officer, by flouting the election rules and convention, refused to allocate 'Kula' symbol to Bikalpa Dhara candidate Major Mannan. A long legal battle ensued which saw the postponement of the election by the High court until a decision were reached by the court. in that legal battle also the government and the election commission stood on the wrong side and tried to manipulate

it, too. But due to the fortunate intervention of the highest court, the matter was set right and the opposition candidate's rightful claim to the 'Kula' symbol was conceded. But that did not end the harassment of the opposition candidate as his election campaign was disrupted by occasional attacks by hoodlums of the ruling alliance. And, what happened on the election day was more than a nightmare.

It was rumoured that the ruling party would not allow this seat to be taken by the opposition and as such apprehending manipulation the

opposition candidate Major Mannan went to High court for giving directive to the government to post army at the polling centres as requested by the election commission. The High court gave the order and the Election commission was also informed by the government that in compliance with that order five members of the armed forces would be deployed in each of the election centres. But, to the surprise of all, the government violated the order of High court and army could be seen only patrolling the streets and only in some centres where high-ups might turn out for voting. Except that all the centres were left open to the supporters and activists of the four-party alliance; and allegedly under the presence and guidance of BNP MPs and leaders each and every centre became their free ground. The officials on the election duty either became willing partners or succumbed to such violation of election

rules and norms.

The most ingenuine part of the election game was the assembling of voters from different areas outside the constituency and voting by them with impunity. The election observers like Fema, Broti, JANIPOP and others said that 60 per cent of the votes cast were false and the election rules were observed more in violation than in compliance.

This election, therefore, has brought into question again whether a neutral election can be held under a ruling government. But even if a

caretaker government is provided for a general election, there cannot be such arrangement made for each and every by-election. This brings the role of the Election commission on to the forefront. Actually, the concept of a caretaker government was visualised during anti-military regime movement for smooth transfer of power and for time to reconstruct the Election commission so that it can get strong enough to hold free and fair election. The provision of caretaker government ultimately got incorporated in the constitution due to the bitter experience of elections under a ruling government. But the question of an independent and strong Election commission remains valid; for, without such a commission no genuine election can be held any time as the experience of the Dhaka-10 by-election has shown.

Actually, the Election commission has faltered from the

very beginning of this election process. The Dhaka city, not to speak of this constituency alone, was flashed with colour posters, huge banners, bill boards etc. by the ruling party candidate in violation of the election law and rules. The Election Commission did not do anything except for issuing a press warning. Also during the legal battle that ensued on the question of allocation of election symbol, the EC could not rein in the said officer and also the officers of the commission, who in violation of the election rules and norms openly tried to manipu-

late the election in favour of the ruling party candidate.

The EC also failed to pursue its own request to the government to make arrangement for the posting of the members of the armed forces in every centre as it considered each of them vulnerable. It is the candidate who went to court to get a direction when the Election Commission could assert its position on the basis of the constitution where it is clearly written in the clause 120 that 'The President shall, when so requested by the Election Commission, make available to it such staff as may be necessary for the discharge of its functions under this part.'

The failure on the part of the Election Commission both in implementing its own laws and rules as well as its constitutional authority shows how weak it is and as such would bend under any pressure. This really has happened and

people saw an election where its guardian, the Election commission, not only remained a mute spectator, but at the same time proved itself a willing partner in such a game.

This election has also shown that the main political parties have not learnt anything from history. Actually such rigging of election is not a new thing for BNP and it had to pay very heavily by way of losing power and conceding to the demand of the opposition for a caretaker government in the aftermath of the rigged Magura election.

This does not bode well for the

democratic process. if the electoral process is done away with like this, then what remains of democracy which these parties talk about in their bid to prove themselves democratic?

The people of Bangladesh have the experience of vote dacoity, media coup, capture of centres and filling the boxes with pre-sealed ballots. This led to the struggle for a free and fair election. This struggle was heightened during the autocratic regime of General Ershad when people saw the rape of election process to its worst extreme. This actually resulted in the historic declaration of the three alliances devoted to bringing the country on to a democratic path and to establishing the process of free and fair election. But it has been forgotten since then. The elections that were held after the changeover to democratic system deteriorated further down the line. The provision of the non-partisan

caretaker government could not keep itself above controversy.

So, time has come when total overhauling of the election system and the Election commission has become necessary. The parties in the political arena must agree to that. A national convention can be held where every aspect of election will be discussed and decisions taken for reforms. The constitutional provision of the independence of the Election commission should be invoked so that the commission can work without interference by the ruling party and the government gives it full support and cooperation. The election rules must also be changed in the light of the experience of the last decade.

A holistic approach needs to be taken to strengthen the Election commission and make it truly independent. otherwise the election process would see the periodical rape of polls like that of Dhaka-10 by-election and at some point of time people would find it unnecessary to hold this farce at the cost of their purse and time. And, with it, whatever remains of democracy, would wither away.

Rashed Khan Menon is President of Workers Party.