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Electoral Offences

EC for adequate mobile courts

Shakhawat Liton
The Election Commission (EC) has asked the establishment ministry to take steps for deployment of adequate number of mobile courts comprised of executive magistrates for summary trial of electoral offences in the August 4 polls in four city corporations and nine municipalities.
In a letter to the establishment ministry to this effect, the EC apprehended that electoral offences like campaigning for votes within a radius of 400 yards of polling stations, annoying voters and attempting to cast fake votes or snatching ballot boxes might take place on polling day.
" This sort of offences should be tried summarily by mobile courts," said the letter sent to the ministry onThursday.
Around 100 mobile courts each with an executive magistrate might be constituted to try electoral offences, an EC official said.
According to electoral rules, executive magistrates engaged in election duties may also try individuals or political leaders opposing local government elections for persuading voters not to cast votes in the elections.
The EC has asked the law ministry to amend the schedule of Mobile Court Ordinance 2007 for deploying executive magistrates for the August 4 polls, sources in the EC said.
The ordinance now does not provide for deployment of executive magistrates in local government election duties.
According to the EC decision, mobile courts under executive
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magistrates will help security personnel maintain law and order on polling day. Each mobile court will have jurisdiction over two or three wards of a ciry corpo ration or municipality. The four city corporations and nine municipalities have a total of 199 wards.
The mobile court ordinance however says it is the responsibility of law enforcement agencies to assist the executive magistrates in discharging their duties.
According to the EC letter, upon directives from the establishment ministry, divisional commissioners and district magistrates of the electoral areas concerned will ensure deployment of magistrates.
Copies of the letter were also sent to the secretaries of home and law ministries, inspector general of police, chief metropolitan magistrates of four city corporations and divisional commissioners concerned.
PUNISHABLE OFFENCES Electoral offences to be tried by mobile courts include canvassing for votes on polling day, seeking vote from any voter, persuading a voter not to cast vote in the election or for a particular candidate, disturbing or annoying a voter, interfering with discharge of duties by polling officials, persistently shouting in such a manner that is audible within polling stations and using loudspeakers or amplifying sounds audible within polling stations.
Electoral rules also impose restrictions on convening, attending or persuading people to join public meetings within
electoral areas during a period of 48 hours ending at midnight following conclusion of polls.
An individual might be sentenced to imprisonment for different terms along with fine for violation of the rules.