Could the Awal Commission have stopped the 7 January election?
A few days ago I had spoken to the recently resigned chief election commissioner (CEC) Kazi Habibul Awal at his official residence. I was accompanied by Prothom Alo's senior correspondent Riadul Karim. The discussion ranged from politics, democracy, bureaucracy, the election framework and more.
The daily Samakal recently published a write-up by Kazi Habibul Awal, 'Biplob O Farman: Sarkar O Shongbidhan' ('Revolution and Orders: Government and Constitution'. The article evoked a mixed bag of responses. Many questioned why he wrote the article. He had an explanation: "The election commission is faced with a constitutional crisis. There is not one with whom we can discuss the issue. That is why, as head of the commission, I feel it is prudent to write in the newspaper to apprise the people. The autocratic rule of the Awami League government fell on 5 August in the face of the successful revolution by the students and people."
He questioned, who will give legitimacy to this revolution on the streets? The two former military rulers, Ziaur Rahman and HM Ershad, suspended the constitution and governed the country. Later they legitimised their rules by means of the fifth and seventh amendments.
This time the parliament has been dissolved, but the constitution is in place. The interim government headed by Dr Muhammad Yunus took oath under this constitution. According to the constitution, there is compulsion to hold the election within 90 days of dissolving the parliament. Not adhering to this compulsion would amount to sedition.
I asked him why he did not call upon President Shahabuddin to discuss the constitution crisis of the election commission. He said that the president did not give him or the commission an appointment. He was not given an appointment by the chief advisor either.
In the meantime, demands had arisen from various quarters for the resignation of the election commission. Even on Thursday when Kazi Habibul Awal and his colleagues announced their resignation, there were demonstrations outside the election commission building. In his farewell speech before resigning, Kazi Habibul Awal advised that all future general elections to be held under neutral caretaker governments. Also, due to Bangladesh's homogeneity, he proposed proportional representation (party-wise) in the election. Other than BNP, Awami League and Jamaat-e-Islami, all parties are in favour of proportional votes.
People's expectations from the Awal commission were that it would not follow in the path of its predecessors. But in the end, this commission held a "me-dummy" election and shoved the country to the brink of uncertainty
Kazi Habibul was appointed CEC on 26 February 2022. Many were surprised that the late Dr Zafrullah Chowdhury had proposed his name.
Referring to the past elections, the former CEC said there was controversy over the first election which was held in 1973. The elections of 1979 and 1986 were held under military rule and the results were controversial. The 1991 election was held under a caretaker government based on a political consensus. The elections of 1996 (12 June) and 2001 were held under neutral caretaker governments and considered credible, despite some allegations of subtle or blatant rigging.
Before staging the 7 January election, the election commission had called political parties and professionals for recommendations. At the time, many had pointed to the two previous elections and said that if the election commission would not be able to hold a fair and inclusive election, it should express its regret and resign. Habibul Awal at the time had argued that there was no scope to regret or resign.
Even on the day that he resigned, Habibul Awal said, "There was no constitutional basis to suspend or cancel the election and so many people are blaming the election commission. The constitution specifies exactly when, why and for how long the election can be suspended. In the past no commission cancelled the election and resigned.
The former CEC did, however, admit that in the recently dissolved parliament, the contest in 299 seats had been among individuals, not parties.
The election commission is appointed to conduct elections. Elections mean an open opportunity to choose. In a multiparty democracy, individual-centered contest can't be called an election. When there were no candidates outside of the ruling party, how could that be an election?
In that consideration, what they did on 7 January was not an election by any definition. The Kazi Rakib commission was widely castigated for holding an election with no contest in 153 seats. The KM Nurul Huda commission tarnished the election system by hold an election where the votes were cast on the night before.
Had he and his colleagues had this realisation before the 7 January election, then perhaps so many lives would have not be lost for the sake of voting rights and democracy. Awami League also would not have had to exit in such a humiliating manner
In this backdrop, the people's expectations from the Awal commission were that it would not follow in the path of its predecessors. But in the end, this commission held a "me-dummy" election and shoved the country to the brink of uncertainty. The Awal commission had started on a positive note, cancelling the Gaibandha election on allegations of rigging. The government was displeased with them over this.
After the bitter experience of 2018, the question that loomed large in front of the Awal commission was whether or not they would be part of another staged election of those in power. The former CEC was in a dilemma. He said, when a big party like BNP stays out of the election, the election may have legality, but not legitimacy.
I had asked commissioner Talukdar, who was the dissenter in the KM Huda commission, why he did not resign if he was unable to conduct a fair election. He had replied, "If I resign alone, the election won't come to a halt."
After the caretaker government resigned, a fresh election crisis arose in the country and in 2018 Awami League had an opportunity. Despite their misgivings, BNP and other opposition parties took part in the polls. But by casting votes on the night before the election and allowing BNP only 6 seats, they stabbed democracy in the back.
Justifiably, then, the opposition parties felt that fair elections would not be possible with Awami League at the helm. While, in 2024, BNP were determined about their victory, they were not so in 2018. They just wanted an honourable place as the opposition party. But Awami League was unwilling to grant them even that. Awami League leaders quite openly sat a former bureaucrat had been behind these manipulations. But they didn't protest because they were basking in power of a two-third majority.
Those who are endorsing reforms can consider a legal safeguard so that, no matter under what system the election is held, no party can clinch a two-third majority and consider itself the permanent zemindars are Bangladesh.
In his farewell speech, Kazi Habibul Awal said, fair elections were not held any political government in this country. That is why he feels that it would be best to conduct elections under a non-party government in order to consolidate the future democratic framework. Had he and his colleagues had this realisation before the 7 January election, then perhaps so many lives would have not be lost for the sake of voting rights and democracy. Awami League also would not have had to exit in such a humiliating manner.
*Sohrab Hassan is joint editor of Prothom Alo and a poet
*This column appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir