EC seeks legal provision to deploy armed forces in local govt elections

The Election Commission (EC) wants to introduce a legal provision allowing the deployment of the armed forces in all local government elections, similar to parliamentary elections.

The constitutional body also plans to propose amendments barring dual citizens and teachers of MPO-enlisted educational institutions from contesting local government polls.

However, it is not currently considering declaring leaders of banned political parties ineligible to contest elections.

According to EC sources, the Commission's Law and Rules Reform Committee has prepared proposals to amend the laws governing four local government institutions—union parishads, municipalities, upazila parishads and city corporations excluding district councils.

Although Bangladesh has not traditionally deployed the armed forces during local government elections, the existing Union Parishad Act and Municipality Act of 2009 include the Defence Services Division within the definition of "law enforcement agencies".

This provision already allows the deployment of members of the army, navy and air force, alongside the police, during elections to these bodies.

The EC now wants to incorporate the Defence Services Division or the armed forces into the definition of law enforcement agencies under the Upazila Parishad Act and the City Corporation Act as well.

The Commission is expected to place these proposals before its meeting on Tuesday for approval. If approved, it will forward the recommendations to the Ministry of Law in the form of formal proposals.

Should the government accept the recommendations, it will have to amend the relevant four laws. The next stages would involve Cabinet approval of the amendments followed by the passage of the bills in Parliament.

Earlier, during the tenure of the interim government, the authorities amended the local government laws through ordinances.

Those amendments abolished the provision for elections under party symbols and introduced a provision allowing the appointment of administrators under special circumstances.

Parliament later approved those ordinances during the first session of the 13th Jatiya Sangsad.

The authorities generally deploy the armed forces to help maintain law and order during parliamentary elections, but not during local government polls.

Relevant EC officials said that including the armed forces within the legal definition of law enforcement agencies in local government election laws would provide greater administrative flexibility.

Once the provision exists in law, the authorities would no longer need to issue separate orders assigning election duties to the three services.

In addition, members of the armed forces would be able to perform duties at polling stations alongside the police and would have the authority to make arrests without warrants.

Relevant sources said local government elections typically experience more clashes and violence than parliamentary polls. This year's local government elections will be non-partisan.

As a result, multiple leaders from the ruling party may contest in the same area. There is also discussion over whether some leaders and activists of the Awami League, whose activities remain banned, may contest the elections.

Altogether, maintaining law and order could become a significant challenge. Furthermore, concerns remain over whether the police alone will be able to control the law and order situation during local government elections.

Election Commissioner Abdur Rahmanel Masud, who heads the EC's Law and Rules Reform Committee, told Prothom Alo, "Some local government laws currently include the armed forces in their definitions, while others do not. We want to make the provisions uniform across all the laws."

He added, "If the armed forces are not included in the legal definition, deploying their personnel becomes somewhat difficult. At the same time, including them in the law does not mean they must always be deployed. However, having the provision gives us the option. If the Election Commission considers it necessary in light of the circumstances, it will be able to deploy the armed forces."

The relevant laws specify the qualifications and disqualifications for election candidates. The Election Commission (EC) now plans to propose two additional grounds for disqualification in the four existing local government laws.

The first concerns dual citizenship. At present, dual citizens cannot contest parliamentary elections, but no such restriction applies to local government polls. The EC proposes to bar dual citizens from contesting all tiers of local government elections except union parishad member (UP member) positions.

The second proposal concerns teachers and officials of MPO-enlisted educational institutions. Under the existing laws, teachers and officials of MPO-enlisted institutions may contest local government elections. The EC now wants to include their employment status as a ground for disqualification.

Meanwhile, Bangladesh Jamaat-e-Islami has called for a provision declaring office-bearers and active leaders and activists of political parties whose activities the government has banned ineligible to participate in elections.

The party made this demand in its opinion submitted to the EC on 30 June regarding the draft code of conduct for local government elections. However, this issue does not fall within the scope of the election code of conduct.

Relevant EC sources said that accommodating Jamaat's proposal would require amendments to the relevant legal provisions governing candidates' qualifications and disqualifications. However, the Commission is not currently considering introducing such a provision.

Election Commissioner Abdur Rahmanel Masud told Prothom Alo, "I am not aware whether any political party has submitted a letter demanding that leaders of banned parties be declared ineligible to contest elections. However, since local government elections will not be held on a party basis, there will be very little scope to consider party affiliation. If an individual wishes to contest and meets the qualifications required for the position, he or she will be eligible to stand for election."

When asked whether the EC was proposing amendments to the provisions relating to candidates' qualifications and disqualifications in local government elections, Abdur Rahmanel Masud said, "We are proposing that teachers or full-time employees of MPO-enlisted schools, madrasas and colleges should not be eligible to contest elections. We also believe that holding dual citizenship should constitute a disqualification for candidates in local government elections as well."

Election expert Abdul Alim viewed the EC's proposals positively. He told Prothom Alo, "There were many rumours before the last parliamentary election. The election remained peaceful because of the role played by the armed forces. If the local government laws define the armed forces as a law enforcement agency, it will send a positive message to the public."