Barrister Al Amin Rahman writes for DOT : The Election Commission of Bangladesh (EC) has cancelled 786 nominations (as reported on 2 December) during its scrutiny process before clearing candidates to contest for the general elections. It was over 25 per cent of the nominations out of the total 3,065 filed – including party nominations and independent candidates – until November 28. The rejected candidates can appeal for their candidacy until December 5. Hearings on their appeal will be held December 6, 7 and 8, before a final call. In the 20 electoral constituencies of Dhaka, 265 nominations were filed from different parties and independent aspirants. 71 of those nominations were revoked (Daily Star, 2 December 2018).
Returning officers have been given the power to sort out nomination papers in manner that is legal and above debate. The Representation of the People Order 1972 (R.P.O. 1972) has given powers akin to that of judges in selecting competent candidates to the returning officers.
They can cancel nomination papers if false information is provided in reply to any of the eight queries of the EC. According to the law, the returning officers can do this after a brief investigation on their own accord or following an objection submitted by others. Returning officers are also allowed to file lawsuits if anyone is found providing misinformation. The Bangladesh Penal Code 1860 (BPC 1860) also provides for punishment for those who provide wrong information in nomination papers. As per section 181 of BPC 1860, this is a punishable crime and for committing this crime, a maximum three years imprisonment and a fine can be imposed. Now the ordinary people have the hope on the returning officers that they would act neutral and will take impartial helpful steps in the election process.
The responsibility lies on the returning officer to make public the information provided on the candidate’s declaration. Ensuring that all are treated equally as per the law, is also returning officer’s responsibility.
A candidate’s criminal records, if any, should be mentioned in the declarations. Hiding such information is enough for a nomination paper to be cancelled.
It is also the responsibility of the returning officers to inform public about the pledges made in the previous elections by the candidates and how much was fulfilled, and the amount of loans taken from banks or financial institutions by the candidates individually, jointly or by family members dependent on them. The returning officers play the role of judges and administrators in an electoral process.
Now, it is in the hand of returning officers if they would set an example of implementation of rule of law under a political government in the upcoming election.
The acceptability of the polls in the 11th parliamentary election shall also depend on the returning officers. They are our torchbearer who can uphold an accountable democracy through appropriately carrying out their responsibilities during the pre-poll period.
The author is an advocate of Bangladesh Supreme Court and partner at FM Associates, Bangladesh.
Email: alamin.rahman@fma.com.bd
Our time is a news portal