For the first time, political parties and candidates, while submitting nomination papers to contest the election, pledged to comply with the electoral code of conduct.
However, many are failing to honour that commitment. Candidates from almost all parties, including the Bangladesh Nationalist Party (BNP), Jamaat-e-Islami and the National Citizen Party (NCP), are violating the code of conduct.
Polling for the 13th Jatiya Sangsad (national parliament) election will be held on 12 February, with official campaigning scheduled to begin on 22 January. But, many candidates have started campaign across the country in breach of the rules. Campaigning is taking place both in constituencies and on online platforms.
So far, however, action for such violations has largely been limited to issuing show-cause notices and warnings. In a few cases, fines have been imposed. Conversely, in some instances, parties and candidates have questioned the authority of returning officers to issue show-cause notices.
Two executive magistrates have been deployed in each upazila from the day after the election schedule was announced to ensure compliance with the code of conduct on the ground. In addition, constituency-based electoral inquiry committees are operating in the field. At the local level, returning officers, executive magistrates and inquiry committees are primarily responsible for taking action over violations of the electoral code.
Under the code of conduct for political parties and candidates in parliamentary elections, no political party, candidate, or any person acting on their behalf may begin election campaigning more than three weeks before polling day.
Violation of the code is a punishable offence. A candidate or a person acting on their behalf may face up to six months’ imprisonment, a fine of up to Tk 150,000, or both. If a political party violates the code, a fine of up to Tk 100,000 may be imposed. The election commission (EC) also has the authority to cancel a candidate’s candidature for breaches of the code.
Prothom Alo correspondents have collected information from 39 districts. Of these, at least 73 individuals have been served show-cause notices in 27 districts. Those served include 35 from the BNP, 18 from Jamaat-e-Islami, four from the NCP and three from Islami Andolon.
In addition, two each are from the Jatiya Party and Jamiat Ulema-e-Islam, and one each from Gono Odhikar Parishad, Khelafat Majlish, AB Party and the Labour Party. Five independent candidates have also been served notices.
Of these notices, hearings or disposals have taken place in 44 cases. In most instances, candidates were warned and reports on the disposal of allegations were sent to the EC. However, in some places, there have been reports of candidates and supporters being fined on the spot by mobile courts for violating the code of conduct.
Situation in different areas
In Rajshahi, nine candidates across six parliamentary constituencies have been served show-cause notices by electoral inquiry and judicial committees for alleged violations. These include four each from BNP and Jamaat, and one each from the AB Party and the Labour Party. Eight of these notices have been disposed of, with candidates being warned.
In Chattogram, the first fine after the announcement of the election schedule was imposed on BNP candidate Nazmul Mustafa Amin in Chattogram-15 (Satkania–Lohagara) for leading a motorcade involving several hundred vehicles on 13 December. He was fined Tk 50,000.
Among Chattogram’s 16 parliamentary constituencies, a representative of BNP candidate Sarwar Jamal Nizam in Chattogram-13 (Anwara–Karnaphuli) was fined Tk 10,000 for violating the code, and the candidate himself was also served a show-cause notice.
BNP candidate Jasim Uddin Ahmed in Chattogram-14 (Chandanaish–part of Satkania) and Sarwar Alamgir in Chattogram-2 (Fatikchhari) were also served notices. However, Sarwar Alamgir’s nomination was cancelled at an election commission appeal hearing last Sunday.
The electoral inquiry and judicial committee served show-cause notices to Jamaat-e-Islami candidates Shahjahan Chowdhury in Chattogram-15 and Md Anwar Siddique in Chattogram-4 (Sitakunda–part of the city area) for seeking votes before the allocation of election symbols.
In Tangail district, two BNP candidates, one each from Jamaat-e-Islami, the NCP, Gono Odhikar Parishad and the Jatiya Party, as well as one independent candidate, were served show-cause notices.
Allegations against them included putting up posters, seeking votes and making promises. During hearings, the candidates expressed regret and were warned by the inquiry committee.
Mymensingh is among the districts with the highest number of show-cause notices, with 10 candidates across various constituencies having served notices so far. Three allegations have been disposed of, but no penalties have been imposed.
Speaking about this, Mymensingh district returning officer and deputy commissioner Md Saifur Rahman told Prothom Alo, “At the primary stage, we are issuing warnings. We think there have not been many undesirable incidents so far. That is why we are warning candidates. If the level of violation increases slightly, we issue show-cause notices. If the extent of violations exceeds that, we will move towards stricter measures, including fines. We will escalate gradually.”
Punishment through mobile courts
So far, mobile courts have fined three candidates Tk 50,000 in three separate incidents in Madaripur. In addition, Islami Andolon Bangladesh candidate Golam Masih in Narayanganj-3 (Sonargaon) was fined Tk 10,000; a Jamaat activist named Sanwar Hossain was fined Tk 1,000 for seeking votes on behalf of a Jamaat candidate in Panchagarh-2; independent candidate Shihab Ahmed in Lalmonirhat-1 (Hatibandha–Patgram) was fined Tk 20,000 for violating the code; an activists of independent candidate Saiful Islam Firoz in Jhenaidah-4 was fined Tk 2,000; and in three constituencies in Feni, 12 candidates and their leaders were fined a total of Tk 129,000.
Controversy over alleged violations by NCP leaders
On Sunday, returning officer and Dhaka divisional commissioner Sharf Uddin Ahmed Chowdhury issued show-cause notices to NCP convenor and Dhaka-11 candidate Nahid Islam, and the party’s chief coordinator and Dhaka-8 candidate Nasiruddin Patwary, over alleged violations of the code of conduct.
They were asked to submit written explanations to the returning officer’s office by 11:00 am on Monday. The notices were issued over the display of billboards featuring large colour photographs and the slogan “Referendum on state reform—stand for ‘Yes’”.
A referendum is being held alongside the national election, with the government campaigning in favour of a “Yes” vote. The election commission had stated that electoral laws and regulations applicable to the national election would also apply to the referendum. However, in a circular issued on 30 December, the commission instructed that no party or candidate may, under the guise of referendum campaigning, engage in parliamentary election-related campaigning within three weeks of polling day.
NCP election management committee chairman Asif Mahmud Shojib Bhuyain on Monday described the issuance of show-cause notices to the two candidates as “irregular” and demanded their immediate withdrawal, along with an explanation as to why they were issued unlawfully.
“If merely displaying photographs constitutes a violation of the code of conduct, then Tarique Rahman should be served a show-cause notice first,” he said.
Ruemen questions authority of returning officer
On Sunday, returning officer and deputy commissioner Sharmeen Akhtar Jahan issued a show-cause notice to independent candidate Rumeen Farhana of Brahmanbaria-2 (Sarail–Ashuganj and two unions of Bijoynagar) over alleged violations of the code of conduct.
At a press conference yesterday afternoon, Rumeen Farhana questioned whether a returning officer has the authority to issue a show-cause notice and order a candidate to appear in person.
“Under Rule 26 of the electoral code of conduct, there is an electoral inquiry committee. The UNO has written to that committee. The matter can be raised there or with the election commission. Why is the deputy commissioner issuing me a show-cause notice and ordering me to appear in person? Does she have that authority?” she said.
In response, returning officer Sharmeen Akhtar Jahan told Prothom Alo that she is empowered to issue show-cause notices to any candidate.
“As soon as a violation of the code of conduct occurs, a candidate may be asked to explain. This is a routine process,” she said.
Speaking about the situation, former head of the electoral system reform commission, Badiul Alam Majumdar, told Prothom Alo that the true extent of compliance with the electoral code of conduct will be evident mainly after candidatures are finalised.
He said this depends on three factors: how firmly the EC acts, the role played by law enforcement agencies, and—most importantly—the conduct of political parties and candidates themselves.
“In this regard, good conduct by parties and candidates is crucial,” he said, expressing hope that all sides would fulfil their responsibilities in the interest of a free and fair election.
[This report was prepared with assistance from Prothom Alo correspondents in the relevant areas.]