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Electoral Laws

Reform bid hibernating

Shakhawat Liton
The move to reform electoral laws has been stalled as the Election Commission is yet to decide on the proposals finalised by previous elec-
tion commissioners around six months ago.
Chief Election Commissioner Kazi Rakibuddin Ahmad and his colleagues have openly questioned the necessity of the reforms initiated by
the previous commission.
With experience gained during and after the last parliamentary polls, the EC led by ATM Shamsul Huda had drafted reform proposals FROM PAGE 1
to plug legal loopholes and lo empower the commission further.
They finalised the proposals after holding a series of talks with political parties and civil society personalities and on February 2 this year and then sent the proposals to the law ministry for vetting.
Officials at the EG Secretariat said the law ministry at the end of February sent back the proposals to the newly constituted EG for its opinion. The new EG decided to examine the necessity of the reforms.
"We have yet to make any decision about the reform proposals. We did not hold any formal discussion on it," Chief Election Commissioner Kazi Rakibuddin Ahmad told The Daily Star on Saturday.
He said the EC would review the existing electoral laws to assess the need for reforms.
Echoing the CEC, Election Commissioner Shah Nawaz said, "We will examine the
reform proposals before making any decision."
Officials at the EC Secretariat said even though around six months had gone by, the EC was yet to hold any meetings to discuss the proposals for reforms.
The reform proposals include making it mandatory for the Cabinet Division and three ministries—LGRD, public administration affairs and home—to consult with the EC before making any decision regarding the elections.
The proposals also include empowering voters to file complaints with the EC against MPs if they conceal information or furnish false information about themselves in their affidavits submitted during the polls, cancellation of election of such MPs by the EC, introduction of committees to curb the influence of black money in the polls, and authority to punish government officials for incompetence and neglect of poll duties.
About the proposal for having control over the Cabinet Division and three ministries, Election Commissioner Shah Nawaz questioned its necessity.
"Why will the Election Commission control the Cabinet Division and three ministries only?" he told The Daily Star recently. "The education ministry plays a vital role during the polls as a huge number of teachers are engaged in election duties. Why will the education ministry not be kept under the commission?" he said hinting that the EC did not need to control any ministries.
Shah Nawaz was not alone in questioning the reform proposals. CEC Kazi Rakibuddin Ahmad last month said the EC did not require further authority during the parliamentary elections. It had adequate power to conduct the parliamentary polls, he argued.
Talking to reporters, another Election Commissioner, Zabed Ali,
last month said, "Why should only four ministries be kept under the commission? Why not other ministries? Don't the other ministries have any influence on the election?"
I Ie said the EC was trying to ascertain whether it needed more authority during the general elections in the changed circumstances and was scrutinising the existing laws and provisions.
When his attention was drawn lo his previous comments, Kazi Rakibuddin on Saturday said, "Il's all theoretical talk. It is difficult to speak about the reform proposals before we discuss them."
Former election commissioner Brig Gen (retd) M Sakhawat Hussein said he and his colleagues had made the proposals to strengthen the EC further. They prepared the proposals in light of the experience gained while conducting the 2008 parliamentary polls and later elections to different local government bodies.
"We had to face some difficulties in implementing the RPO [Representation of the People's Order] during the last parliamentary polls. So, we made the proposals to overcome the difficulties by amending the laws.
"We prepared the proposals in consultation with all--political parlies, civil society personalities and others concerned. I don't know whether the new EC has something to do with the reform proposals."
The past EC led by ATM Shamsul Huda also finalised the upazila parishad election rules and electoral rolls rules. Both the rules were sent to the law ministry for vetting. The law ministry, however, sent back the drafts lo the newly formed EC in February this year for its opinion.
"The present EC examined the draft rules, but it did not bring about any major changes in the two rules. Il only corrected some spelling mistakes. And then we sent them to the law ministry' for vetting," a senior EC official said.