How the first non-party govt conducted the fifth national election

Daily Ittefaq reported on 1991 electionCollected

The country’s first national parliamentary election under a non-party government was held on 27 February 1991, marking the fifth parliamentary election. Prior to this, no election or referendum had been conducted under a non-party government.

The interim government was headed by Chief Justice Shahabuddin Ahmed, who had been appointed acting President. Many consider this election the fairest in Bangladesh’s history, with the government and administration largely remaining impartial.

This non-party government emerged as a result of the democratic movement against autocratic rule by Hussain Muhammad Ershad. During Ershad’s regime, institutional decay was widespread: the judiciary, educational institutions, administration, banks, and commerce were all subjected to blatant interference by Ershad and his party, the Jatiya Party.

The electoral process was no exception. Administration, law enforcement, and party enforcers disrupted elections, eroding public trust in the Election Commission (EC) and the electoral system. Even so, elections prior to Ershad’s rule and in the early post-independence years were also criticised for being unfair.

On 24 March 1982, Army Chief Lt. Gen. Hussain Muhammad Ershad seized power in a coup and became President in December 1983. On 21 March 1985, he held a referendum to legitimise his rule.

According to the EC, voter turnout was 72.14 per cent, with Ershad receiving 94.14 per cent of the votes, thereby becoming the constitutional President. However, domestic and international observers believed only 15–20 per cent of the electorate participated.

The Times of London, in an editorial titled “Learning to Live with a Lie”, called the referendum a “fraud,” claiming fewer than 2 per cent of eligible voters actually cast ballots. (SEHD; p.-100)

In early 1986, restrictions on public political activity were lifted. Both BNP and Awami League began demanding elections under a non-party government. By early 1987, political alliances had united in demanding Ershad’s resignation, organising continuous public rallies, strikes, blockades, and hartals.

The movement and Justice Sahabuddin Ahmed

The anti-Ershad movement peaked in October 1990, when 22 major student organisations formed an all-party student unity front, pledging to rescue the country from Ershad’s rule. Simultaneously, the BNP-led Seven-Party Alliance, the Awami League-led Eight-Party Alliance, and the Leftist Five-Party Alliance signed a joint declaration on 19 November 1990, outlining a four-point agenda for transition to democracy.

This included boycotting all elections under Ershad, forcing his resignation and transferring power to a caretaker government, restoring public confidence in elections under a non-party government, and ensuring the interim government conducted free and fair elections and transferred power to a sovereign parliament. The declaration also emphasised media freedom, particularly for radio and television, and called for fair campaigning opportunities for all participating parties. (Hakim; p.-130)

Chief Justice Shahabuddin Ahmed served as head of the interim government following the mass uprising of 1990.
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Under mounting pressure, Ershad declared a state of emergency on 27 November 1990, and eight days later, on 6 December 1990, transferred power to the interim government led by Chief Justice Shahabuddin Ahmed.

A coalition of 36 NGOs working on human rights and development, the Coordinating Council for Human Rights in Bangladesh (CCHRB), decided to monitor the human rights situation and observe the fifth parliamentary election. With the support of nearly 4,000 volunteers, CCHRB observed 2,000 polling stations across 40 constituencies, with their representatives actively involved from the start of monitoring through report preparation.

Election arrangements

In his first radio and television address, Chief Justice Shahabuddin Ahmed urged all segments of society to assist in holding a free and fair election. The fifth parliamentary election was scheduled for 27 February 1991. He stated, “I am fearless, resolute, and determined. The election will be held on 27 February.” (CCHRB; p. 23)

After Ershad’s fall, political pressure forced the Chief Election Commissioner and EC members to resign. A new EC was formed with three Supreme Court judges acceptable to political parties and civil society. Upon taking office, new Chief Election Commissioner Justice Abdur Rouf pledged the commission would operate independently and impartially. The EC was granted legal powers to act firmly, including seizing firearms and ammunition to maintain order. (CCHRB; p. 28)

Ershad and his ministers were allowed to contest the election. Many were fugitives, some had arrest warrants, and others were in jail. Challenges to the validity of Ershad and his ministers’ nominations failed in court. Although some public dissatisfaction existed regarding Ershad’s participation, the EC managed the situation without compromising its neutral image. (CCHRB; p. 32)

HM Ershad

The BNP fielded candidates in 300 constituencies, Awami League in 264, Jatiya Party in 272, and Jamaat-e-Islami in 251. Khaleda Zia and Hussain Muhammad Ershad each contested five constituencies and won all. Sheikh Hasina contested three, losing in two Dhaka constituencies and winning in Gopalganj.

Post-Ershad, concerns existed that rival parties might clash. The EC held multiple meetings with parties and issued a 16-point code of conduct on 26 January 1991, which proved effective. For example, on the final campaign day, BNP and Awami League held separate rallies in two different Dhaka locations, marching and chanting without any violence or attacks.

Foreign observers were formally allowed to monitor the election, although thousands of domestic monitors were not officially authorised. (CCHRB; p. 19)

Observers from the Commonwealth, SAARC, Japan, and the US National Democratic Institute (NDI) were also present.

What the election was like

Violence had become an inseparable part of Bangladesh’s electoral culture, and the fifth parliamentary election was no exception. One person was killed on polling day. However, according to the election observation report of the Coordinating Council for Human Rights in Bangladesh (CCHRB), a total of 48 people were killed and 1,090 injured nationwide in election-related violence before and after the vote. Voting was cancelled at 21 polling centers on election day. There were allegations of people being beaten to death for not voting for particular party, reports of houses being set on fire, and attacks on minorities and their properties.

On the ground, the main contenders were the BNP and Awami League. BNP Chairperson Khaleda Zia addressed nearly 2,000 election rallies, with her attacks largely directed at Awami League. She did not hesitate to claim that if the Awami League came to power, the country would be “sold out” or Bismillah would be removed from the Constitution.

On the other hand, Awami League leader Sheikh Hasina’s target was BNP, telling public rallies that if the BNP came to power, “democracy would be locked in the cantonments.”

Despite these tensions, people across the country were able to experience the election as a festival of democracy. Observation reports noted visible changes in election culture.

At polling centres, election agents of different candidates maintained cordial relations with one another. In cases of suspected fake or challenged votes, agents avoided unnecessary arguments and placed greater emphasis on evidence.

Khaleda Zia flashes the ‘V’ sign after the BNP’s victory in the 1991 election.
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Women voters participated spontaneously, and election officials were able to carry out their duties smoothly with cooperation from political party workers (CCHRB, p. 44).

Voter turnout in the election was 55.35 per cent. BNP won 140 seats with 30.81 per cent of the votes cast. Awami League secured 88 seats with 30.08 per cent, Jatiya Party 35 seats with 11.92 per cent, and Jamaat-e-Islami Bangladesh 18 seats with 12.13 per cent of the votes. Other political parties and independent candidates won 19 seats.

No major allegations of electoral irregularities were raised. According to both domestic and international observers, the election was an ideal model for countries progressing toward democratic consolidation (SEHD, p. 105). Awami League did raise allegations of vote rigging, while BNP formed the government with the support of Jamaat-e-Islami.

Sources:

  • Election Observation Report: Fifth National Parliamentary Election 1991, Coordinating Council for Human Rights in Bangladesh (CCHRB), September 1991.

  • Journalist Handbook: Electoral Reporting, Society for Environment and Human Development (SEHD), 1996.

  • Hakim, A. Muhammad, Bangladesh Politics: The Shahabuddin Interregnum, The University Press Limited, 1993.