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regarding the issue.

According to Section 21 of the Referendum Ordinance, 2025 and Article 86 of the Representation of the People Order (RPO), 1972, any person engaged in the service of the republic may inform and make the public aware of the referendum. “However, none shall in any way call upon the people to vote ‘yes’ or ‘no’ in the referendum, because such activities may affect the result of the referendum,” the letter said.

Contacted, Election Commissioner Anwarul Islam Sarkar told The Daily Star, “According to the Referendum Ordinance, government officials cannot campaign for either ‘yes’ or ‘no’. If they do, it will be a punishable offence.”

Section 21 of the Referendum Ordinance states that in the 13th parliamentary election, any action deemed an offence or a violation of the electoral code of conduct under the RPO, 1972 and related rules shall also, as far as applicable, be considered an offence or a violation in the referendum.

Article 86 of the RPO, 1972 says a person in the service of Bangladesh is guilty of an offence, punishable with imprisonment for a term which may extend to five years and shall not be less than one year, and also with fine, if they misuse their official position in a manner calculated to influence the result of the election.

Under the Election Officers (Special Provisions) Act, 1991, the EC appoints government officials to election duties. Deputy commissioners and divisional commissioners are appointed as returning officers, while upazila nirbahi officers and other officials serve as assistant returning officers.

The act states that when any person is appointed as an election officer, he shall, from the date of such appointment until relieved of his election duties, be deemed to be on deputation under the EC, in addition to his regular employment.

During this period, the election officer remains under the supervision of the commission and, as applicable, the returning officer, and must comply with all lawful orders or instructions issued by them. Election-related responsibilities take precedence, and other duties may be performed only if they do not conflict with election work.

If an election officer willfully fails or refuses to comply with any order or instruction issued by the EC or violates any provision of election law, they shall be deemed to have engaged in misconduct, which is punishable under the service rules.

Despite this, several advisers and senior government officials are campaigning in favour of a “yes” vote.

According to a Press Information Department (PID) handout issued yesterday night, Religious Affairs Adviser AFM Khalid Hossain urged everyone to build public opinion in favour of voting “yes”.

If “yes” passes, dictatorship will never again emerge in the country, he said, speaking at a views‑exchange meeting at the Dharmarajik Buddhist Monastery in Basabo, Dhaka, organised jointly by the Buddhist Religious Welfare Trust and the Christian Religious Welfare Trust to promote the referendum and encourage voter participation.

Speaking at the same programme, Prof Ali Riaz, special assistant to the chief adviser, also urged everyone to vote “yes” to prevent fascism.

On January 7, the Cabinet Division directed secretaries of all ministries and divisions, divisional commissioners, and deputy commissioners to use the referendum logo in all government communications, including letters, orders, circulars, and gazettes, and to display two banners at all government, semi-government, and autonomous offices.

The division also provided the text for the banners, to be displayed vertically. One reads, “Poribortoner Jonyo Ha” (Yes for Change).

The other lists issues that could be incorporated into the constitution if the “yes” vote wins and states, “By casting a ‘Yes’ vote, you will get all these things mentioned here; if you vote ‘No,’ you will not get anything.”

Following the directives, government offices have been displaying the banners.

The Daily Star yesterday contacted Prof Riaz, who is also the chief coordinator of public awareness campaign activities related to the referendum and national polls, for his comments on the matter.

“We have seen the EC letter. We will give our reaction after analysing it and consulting with lawyers,” he said, without elaborating.

He had earlier said there was no legal barrier preventing government officials from campaigning in favour of a “yes” vote.

He made the remarks at a meeting organised by the Sylhet divisional administration on January 24 to promote the referendum and encourage voter participation.

Prof Riaz had headed the National Consensus Commission that drafted the July charter after months of discussions with political parties.

Speaking at the Sylhet meeting, he said the referendum is a major step toward realising the rights for which people sacrificed their lives in the July uprising, while families are still searching for the unclaimed bodies of their loved ones.

“Neither the existing constitution, the Representation of the People Order, the July National Charter Implementation Order 2025, nor the ordinance related to this referendum contains any provision barring public servants from speaking in favour of positive change,” he said.

Government officials from divisional headquarters, districts, and upazilas, along with representatives of private organisations, attended the event.

“No one can show any legal reference that prohibits such campaigning. Those who claim otherwise are spreading confusion with ulterior motives,” Riaz said.

Responding to questions about the moral grounds of such campaigning, he said, “What morality are you talking about? The morality that denies the fresh blood of young people and their supreme sacrifice?”

He further said the interim government is working under three mandates -- reform, justice, and election.

“Elections are not organised by the government; the government creates a favourable environment, while the Election Commission conducts the polls. Similarly, justice is administered by the courts, while the government only ensures a supportive environment. Therefore, the core mandate of the government is state reform,” he said.

Addressing claims that such a referendum has never been held before, Riaz noted that between 1972 and 2024, a total of 48 referendums took place worldwide, and in most cases governments campaigned in favour of a “yes” vote.

“Therefore, internationally this is an accepted practice. Morally, it is our duty and responsibility, and legally there is no barrier,” he said.