Rumour turns into fact!

Election Commission
Election Commission

The common apprehension has eventually come true as the by-election to Dhaka North City Corporation's mayoral election has been postponed for three months following the court's moratorium.

Both the election commission as the constitutional body and the government which has higher jurisdiction over local government elections, remained 'inactive' in resolving the legal issues that can stop balloting, stakeholders alleged.

Terming this the EC's failure, the principal opposition political party, the BNP, pointed out that scared of an obvious defeat, the incumbents had taken advantage of the legal complexities.

Read more: HC stays mayoral by-polls to DNCC


In fact, once DNCC mayoral post fell vacant, mayoral aspirants, politicians in general and local government experts had expressed suspicion about the government sincerity to hold the elections ultimately.

The ruling party would fail to win the election, a number of government organisations informed the incumbents.

As both the government and the EC initially went ahead with the move to hold the by-election, the leaders in the opposition camp expressed apprehensions that elections might not be free and fair.

There were legal grounds as well that could stop the electoral process, should anyone go to the court.

Informally, ruling Awami League leaders admitted that their party was in discomfort, especially after the devastating loss in the Rangpur City Corporation elections recently and ahead of the general elections.

Some of them were of the views that the AL would avoid a political embarrassment if the elections could be halted.

However, when the High Court on Wednesday stayed the by-election to DNCC following two writ petitions filed by Bhatara union parishad chairman Ataur Rahman and Berad UP chairman Jahangir Alam, the AL general secretary immediately claimed that the government had no role in there.

A civil society leader said the city dwellers are being deprived of their voting rights.

"There is a constitutional and legal obligation to fill up the mayoral post within three months (after it fell vacant)," SHUJAN (Citizens for Good Goverance) secretary Badiul Alam Majumdar told Prothom Alo.

He pointed out that the election commission and the government are blaming each other for the failure to hold the elections. "We the citizens are confused with all these happenings."

While issuing its order, the High Court had taken into consideration the ground that the EC did not publish voters' list of 18 new wards in Dhaka South City Corporation, where elections were also scheduled to be held on 26 February.

Stakeholders said neither the local government ministry nor the EC took any initiative to remove the legal barrier.

Some EC officials, at a recent meeting, submitted a number of proposals including demarcation of new wards and preparation of the voters' list. However, the EC ignored the proposals, officials concerned said.

Despite the apprehensions of legal challenge, the EC went ahead with announcement of the schedule on 9 January to hold the by-election.

After the court order issued on Wednesday, the EC's acting secretary Helaluddin Ahmed told newsmen that "We reviewed the legal aspects, and there was no bar to hold the election. So, the schedule was announced."

The EC will act as required when the written copy of the court order is available to it, the secretary added.

There was discussion that the mayoral by-election created a discomfort for the ruling party, said Zonayed Saki, converer of Ganasanghati Andolan (Peoples' Solidarity Movement), who became a mayor candidate.

Saying that the AL is the beneficiary of suspension of the electoral process, Zonayed pointed out that the picking up of the ruling party nominee was a eyewash.

"If the commission does not take immediate steps to hold the elections making appeal to remove the legal bar, it will prove that the EC is implementing the government's scheme," he added.

The ruling party picked business leader Atiqul Islam as its candidate despite the party insiders' opinion that it was not a good time for them to hold the DNCC election.

Opposing the DNCC elections, some AL leaders argued that if the ruling party is defeated in DNCC elections, like that of Rangpur, the loss would leave a serious negative impact in the upcoming general elections scheduled to be held later this year.

However, prime minister and AL president Sheikh Hasina asked the party men to take preparations for the DNCC by-election ignoring the legal matters.

Still, many AL leaders did anticipate that the elections would not be held ultimately.

After suspension of the election, party general secretary Obaidul Quader told a news conference that nothing could be said now as the HC halted the elections.

He said the government had no hand in halting the election.

Despite its initial hesitation and apprehension, Bangladesh Nationalist Party (BNP) eventually showed its interests in taking part in the elcetion as it chose Tabith Awal as its candidate in the mayoral race.

BNP felt that the party would benefit from the election.

After the court order, BNP secretary general Mirza Fakhrul Islam Alamgir blamed the EC and the government for the sitution.

"The government had clearly anticipated that it would be defeated. Now the government has used the legal excuse," he said.

The mayoral position at DNCC fell vacant with the death of Annisul Huq on 30 November.

*This report, originally published in Prothom Alo print edition, has been rewritten in English by Rabiul Islam.