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Changes in RPO: Recipe for electoral and political distortion

M. Sakhawat Hussain
THE foundation of strong democracy is the process of choosing people's representative who will speak for them in Parliament and elsewhere. The only process through which people can choose their representatives in a transparent manner and keep the essence of democracy is through election arranged by the Election Commission (EC). The tools that are needed by the (EC) include an accurate electoral roll, appropriate electoral law -the People's Representation Order (RPO) - and credibility.
Strong electoral law ensures a congenial atmosphere for holding of free and fair elections and strengthens the EC, which is an independent institution under Article 118 of the Constitution. RPO lays down the ground rules for a credible election. Therefore, formulation and periodical reform of the law has to take into account the social environment and its effect on political and electoral culture.
The electoral reform carried out by the previous EC led by Dr. Huda (2007-2012), included major reform of the RPO. The changes in the RPO and reforms were suggested, as enacting law is the function of the Parliament, by adopting a consultative approach. The reform that were made were participatory in that people from all walks of life and the main
stakeholders - the political parties - were consulted more than once prior to approval by then caretaker government. The major reform was brought in the Chapter III Article 12(1) of the RPO, pertaining to the disqualification of a candidate. This was the focal point of the electoral law.
Among the important changes in RPO in general and Chapter III in particular was 12(1) (j), which said that a candidate had to be a member of the party for at least three years before seeking nomination. That would have meant that one had to be a primary or otherwise at least for three years. This was made applicable from the date of registra-
tion of the party with EC. Only exception was made for those parties which had not been registered for three years. candidate who had been with the party for three years, and also to curb buying of nomination from various parties, called 'nomination business.' Nomination business not only corrupted the electoral system it also eroded the political culture of the country. It introduced money and muscle culture in the political and electoral system. Candidates with lots of money resorted to vote buying, an unpardonable crime in the electoral process.
The Article in discussion, in addition to minimising nomination business, aimed to prevent unscrupulous politicians from abandoning one party to join such party or parties which could provide a winner's platform. Change of party was not out of any conviction but out of sheer greed to be in power.
The Article would have stopped such kind of electoral malpractices but it was not to be as the Parliament decided to drop it arbitrarily, as alleged by the chief election commissioner who had, in 2009, passed the changes in RPO as amended electoral law.
What prompted the Parliament to drop this particular article from the RPO remains unexplained, but the intentions are understood even by the ordinary voters. It will facilitate the parties to resort to 'horse trading' bring back nomination business, and deprive the deserving
dedicated political workers The passage of the RPO, deleting the much discussed article, has not been accepted by a large section of the population and party activists.
Deletion of Article 12(l)(j), if seen in the context of present political environment, will facilitate the party in power to hold elections under the amended constitution. Many analysts suggest that the changes that brought in RPO by deleting the article is a step towards holding an election that will not be inclusive unless a consensus is reached between the two rival coalitions.
The writer is a former election commissioner and a column writer.