Bangladesh Election Commission opposes key reform proposals

Among the proposals objected were those on the delimitation of constituencies, the timing of local government polls and the national election, and investigations against election commissioners.

Md Abbas and Ahmed Deepto

Md Abbas and Ahmed Deepto

The Daily Star

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File photo of Bangladesh's Election Commission. PHOTO: THE DAILY STAR

March 18, 2025

DHAKA – The Election Commission has objected to 10 key reform proposals, including those on the delimitation of constituencies, the timing of local government polls and the national election, and investigations against election commissioners.

In a letter sent to National Consensus Commission’s Co-Chairman Prof Ali Riaz yesterday, the EC warned that holding local government polls before the national election would delay the parliamentary polls.

The EC differed with the proposal to complete national and all local government polls within a four-month timeframe, saying that experience shows local elections alone take nearly a year to complete as these polls are held in phases.

It also raised objection to the Electoral Reform Commission’s proposal on authorising a parliamentary committee to investigate failures of election commissioners.

Additionally, the EC opposed the proposed Election Commission Ordinance 2025, which seeks to introduce criminal liability for election commissioners for failing to ensure fair elections. This provision would erode the commissioners’ independence and expose them to political pressure, the EC said.

Bangladesh Election Commission opposes key reform proposals

VISUALS: THE DAILY STAR

It also argued that the Supreme Judicial Council already handles this and such a provision would weaken the EC’s ability to make firm decisions.

The letter, signed by EC Senior Secretary Akhtar Ahmed, said that the formation of a separate commission for delimitation would weaken the commission’s constitutional authority and disrupt the electoral process.

During a press conference yesterday at the EC Secretariat, Akhtar said, “Implementing these recommendations will undermine the EC’s independence.”

The EC also disagreed on transferring voter list management and national ID card distribution to a proposed National Citizen Data Commission.

This would weaken the EC’s ability to conduct elections independently and violate article 119 of the constitution, which outlines the Election Commission’s functions, the EC said.

The commission objected to the inclusion of a proposal to bar fugitive individuals from contesting elections, saying such restrictions should be handled through existing legal mechanisms, not electoral reforms.

The EC differed with the proposal to make candidates submit nomination papers in person instead of allowing online submissions. In this regard, the EC cited concerns over adequate logistical support and previous incidents where candidates faced obstacles in filing nominations in person.

The EC rejected the idea of appointing returning officers solely from its own officials, emphasising that appointments should be based on competence and seniority rather than rigid rules.

The commission raised objection to a proposal to allocate its budget through a parliamentary committee rather than the government’s consolidated fund, warning that the move would increase bureaucratic delays and compromise the EC’s financial independence.

It also differed with a recommendation on removing time restrictions for filing election-related cases, saying it would prolong disputes and increase political harassment.

The commission also objected to allowing aggrieved political parties to challenge results within 48 hours in the Supreme Court’s Appellate Division or a National Constitutional Council. It said that the Representation of the People Order of 1972 already provides for election challenges through tribunals.

The EC’s letter — copies of which were sent to the Cabinet Division and the principal secretary at the Chief Adviser’s Office — requested that necessary steps be taken on these issues.

PROXY VOTING

The EC backed the proxy voting system as the “best available option” to ensure voting rights for expatriate Bangladeshis. This system will allow a designated voter in Bangladesh to cast a vote on behalf of an expatriate.

Election Commissioner Brig Gen (Retd) Abul Fazl Md Sanaullah briefed reporters about the matter at the EC Secretariat yesterday after a meeting with the heads of missions from Organization of Islamic Cooperation (OIC) member states in Bangladesh.

“If we truly want to provide our expatriates with the opportunity to vote, we must adopt either one option or a combination of multiple options,” he said. The EC earlier said it was also considering a postal ballot system with a specified timeframe and an online voting system for the expatriates.

Asked whether proxy voting would lead to a lack of trust in the electoral process during yesterday’s briefing, Fazl said, “If we aim to facilitate voting for expatriates on a large scale, proxy voting seems to be the only practical solution. The two other methods could be tested at the pilot level, but implementing them on a large scale may not be feasible.”

“This system [proxy voting] is already in place in India for defence personnel. Additionally, some European Union countries, such as France, Belgium, and the Netherlands, also have similar arrangements. Postal ballots are no longer effective for us. The time between printing the ballot papers and the actual voting day is too short to send, collect, and return the ballots for counting,” he said.

The commissioner further said, “The second option is online voting. However, as the Egyptian ambassador mentioned, their experience with online voting was not good, leading them to discontinue the system. On the other hand, while the Pakistani ambassador spoke positively about online voting, they have not been able to implement it on a full scale.”

During the meeting, Chief Election Commissioner AMM Nasir Uddin, along with three election commissioners and the EC secretary, briefed the heads of missions from the OIC member states on preparations for the upcoming 13th National Parliamentary Election.

The heads of missions from Afghanistan, Algeria, Brunei Darussalam, Egypt, Indonesia, Iran, Iraq, Kuwait, Libya, Malaysia, the Maldives, Morocco, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, Turkey, and the United Arab Emirates were invited to attend. However, ambassadors or representatives from seven countries, including Saudi Arabia and Turkey, did not participate in the meeting.

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