Somewhat poor coordination between the election commission (EC) and the government has emerged over the timing of the local government elections.
Last Monday, the EC announced tentative dates for the union parishad (UP) elections. The following day, Tuesday, two senior government officials alleged that the EC had not properly consulted the government on the matter. Questions were also raised about the EC’s jurisdiction.
On Monday, the EC announced tentative dates for the UP elections in seven phases, saying the decision was preliminary. It said the dates would be finalised after a meeting with the relevant ministries and divisions on 17 September.
On Tuesday morning, State Minister for Local Government Mir Shahe Alam told journalists that the government knew nothing about the election schedule for the union parishads. He said the EC had not discussed the matter with the government either.
Sometime after the state minister made the remarks, EC Senior Secretary Akhtar Ahmed told journalists that the tentative schedule announced for the UP elections was purely preliminary. The decision would be finalised after discussions with the relevant ministries and divisions on 17 September, he said.
According to EC sources, the law gives the election commission the authority to set the schedule for local government elections. There is no legal requirement to consult the government before finalising an election schedule.
However, it is customary for the EC and the Ministry of Local Government to hold formal and informal discussions before local government elections. They also exchange letters.
This time, no formal discussions have yet taken place. However, in July, the EC wrote to the Ministry of Local Government seeking information on which local government bodies were due for elections and whether there were any boundary-related or legal complications. In response, the ministry sent information concerning union parishads and municipalities. The EC has yet to receive information on city corporations and municipalities.
Sources concerned said the EC is now somewhat uncomfortable because of the state minister’s remarks. Questions have also been raised about the dates announced for two of the phases. The EC, however, believes it announced the tentative schedule within its legal jurisdiction and that there was no error on its part.
The EC has tentatively set 12 November for the first phase, 13 December for the second, 30 December for the third, 17 January for the fourth, 4 February for the fifth, 22 April next year for the sixth and 27 May for the seventh phase.
30 December will mark the first death anniversary of BNP’s former chairperson and former prime minister Khaleda Zia. A source said some BNP leaders had informally conveyed their objections to the EC over choosing that date as a tentative election day.
In addition, the mathematics examination of the Junior Scholarship Examination is scheduled for 13 December. If the examination schedule is not changed, it will not be possible to hold the election on that day. This is because there is no precedent for holding elections on the day of an examination.
EC did not consult the government, state minister claims
Speaking to journalists at the Secretariat on Tuesday morning, State Minister for Local Government Mir Shahe Alam said the government knew nothing about the announcement of the UP election dates. The Ministry of Local Government also knew nothing, he said. There had been no exchange of letters between the EC and the government on the matter, nor had there been any discussion through other channels.
The state minister said the election commission is independent and has constitutional authority to conduct elections. However, he said, in the case of local government elections, the EC announces dates after discussing them with the government in accordance with established practice.
Preparatory meetings and meetings of law-and-order committees are also held, he said, involving issues including the budget.
Meanwhile, Prime Minister’s Adviser for Information and Broadcasting Zahed Ur Rahman was asked about the matter at a press conference at the Secretariat on Tuesday afternoon to brief journalists on government activities.
In response, he said that although the EC is independent under the Constitution when it comes to national and presidential elections, decisions on local government elections are made through discussions with the government.
The government’s decision is highly important in local government elections, he said. The election commission and the government will coordinate and take a final decision on local government elections.
EC secretary says state minister’s statement is ‘final’
Speaking at the election commission headquarters on Tuesday morning, EC Secretary Akhtar Ahmed said it was certain that local government elections would be held.
However, the commission had held preliminary discussions for two days on when and how the elections would be held and at which level. As part of that process, a tentative schedule was announced on Monday. It was, however, entirely preliminary, he said.
Asked about the state minister’s remarks, the EC Secretary said, “Whatever he [the state minister] has said is final. However, I will not show the audacity to make any counter-comment on this matter. No comments from my side.”
Asked whether the government had been consulted, the EC secretary said discussions were an ongoing process. He declined to make any further comment at this point on who had been consulted, when and how.
NCP expresses anger
The National Citizen Party (NCP) has expressed anger and protest over what it described as the EC’s “subservient behaviour towards the government and the government’s unjustified interference in the commission.”
In a statement on Tuesday, the party said it was natural for the EC, as an independent constitutional institution, to have its own decisions and position. However, it said the EC secretary’s silence after accepting the state minister’s statement as “final” demonstrated that the commission was unable to exercise an independent role.
The party alleged that the EC had become entirely subservient to the government. Under the government’s influence and pressure, it said, the election commission was making contradictory statements at different times and behaving arbitrarily, undermining even the minimum guarantee of a neutral and fair election.
The NCP demanded that the executive branch immediately stop what it described as “illegal influence and undemocratic interference” in the EC and other state institutions.
The EC’s jurisdiction
The Constitution states that the election commission will conduct presidential and parliamentary elections. It will also perform any other duties assigned to it by the Constitution or by any other law.
Various local government laws assign responsibility for conducting elections to the EC. For example, Section 20 of the Union Parishad Act states that the election commission will arrange, conduct and complete elections for union parishad chairmen and members in accordance with rules framed by the EC.
The section also specifies the matters on which the EC may make rules. These include the date, time and place of voting, as well as other matters relating to the conduct of elections. The Upazila Parishad Act contains similar provisions.