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The convicted and corrupt at the polls
Electioneering has kicked off in four city corporations and nine municipalities for the August 4 polls, as the candidates running for mayor and ward councilor posts have formally started their campaign after the Emergency Power Rules (EPR) was relaxed further. But allowing a good number of convicts and corrupt people to run in the polls is surely a disturbing development. Most of these contenders are ward commissioners, who were either behind bars or in hiding after promulgation of the emergency.
A report carried by Prothom Alo on July 13 stated that 16 mayoral candidates whose nominations have been declared valid for the August 4 polls are accused in 34 criminal cases on various charges that include murder, illegal possession of firearms, and extortion. Some of them are among the graft suspects listed
by the ACC, and due to loopholes in the existing electoral laws they have emerged as candidates.
Many of the councilor aspirants, whose nominations were accepted by the district election office, face various charges including murder, extortion, and corruption. Some of them, convicted by trial courts and out on bail granted by the High Court, are now running for re-election in an animated mood. According to media reports, at least 14 incumbent commissioners contesting in the Barisal City Corporation poll for councilor's posts are accused in various criminal cases.
Whether an electoral candidate can be disqualified from contesting in polls on conviction by a trial court for offences involving moral turpitude, or be allowed to contest in polls while his or her appeal against the verdict is pending in court, is an important issue that still remain
unresolved.
In die absence of specific legal provisions, the EC has decided that a convicted person is eligible for contesting in polls while his or her appeal is pending in a court, but legal experts have opined that a convicted person becomes disqualified on conviction by a trial court.
The Constitution in Article 66(2) (d) states: "A person shall be disqualified for election as, or for being, a member of Parliament who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release."
EPR also clearly states when a person will be disqualified for election, and it has no contradiction with the Constitution. According to the Constitution and EPR, there is no scope for a person who has been convicted
for a criminal offence to contest in the polls.
The special courts set up at the MP hostel in Jatiya Sangsad Bhaban complex to try corruption and extortion cases filed against detained political bigwigs have so far convicted 112 persons, including a large number of politicians. Most of the convicted politicians belong to two major political parties, BNP and Awami League.
A report published in the daily Jugantor on June 14 says that the government has black- listed 15 former ministers and lawmakers of BNP for their involvement in massive corruption. Out of them 11 are in jail and four are absconding.
The government is also preparing a list of the most corrupt politicians in AL and Jamaat-e-Islam, which will be sent to their respective parties. Besides taking proper actions against these political bigwigs as per the law of
land for their involvement in massive corruption, the government will request their respective parties not to nominate them for the election.
The way things are going in the upcoming city corporation and municipality polls is quite enough for one to realise that persons of dubious and questionable credentials cannot be barred from contesting in polls, unless specific provisions are added to the electoral laws. The political parties are not likely to pay any heed to the request for nominating clean candidates, as top leaders of the major parties are behind bars.
Re-appearance of the convicts and the corrupt in the run-up to the city corporation and municipality polls has worried us all. It is quite obvious that they will try their best to influence the electoral process by means of money, muscle, and misuse of power to win. The voters, who are mostly poor and unorganised, have little chance to evade these evil designs. Eventually, the vile elements of the society will stage a comeback to power and will re-start their old game with refreshed energy.
The chief adviser and the army chief have urged the people to apply their wisdom and judgment in electing competent and honest candidates in the upcoming polls. But the people
are quite disappointed that the old faces, most of them of dubious reputation, are showing up in the upcoming polls with their belied pledges.
The council of advisers approved the draft of the Representation of the People Order (RPO) Ordinance 2008 on July 13. It is a commendable development that the government is adding a new provision to the RPO to disqualify contestants convicted by a trial court for criminal offences involving moral turpitude. This should be done immediately as this caretaker government is committed to rid the country's politics from the grip of the corrupt, crooked and criminal. Otherwise, all the developments so far made to bring a meaningful change in the political landscape will boil down to a farce.
The nation is now passing through a crucial period in the transition to a durable democracy. The people are eagerly awaiting the promised election, as the country' desperately needs a fresh start with dedicated leadership. The successful holding of August 4 polls is a test case for the EC before the parliamen-tary polls in December. Therefore, the EC must try its best to hold the upcoming polls free from all evil influences.
A N M NwM Haque is a cohwet o' The Da y Star