Electoral Code of Conduct takes a hike

There are a few regular booksellers at the High Court. They often pop up every week at the lawyers’ rooms with a new law book in their hands, “Sir, this book just came out yesterday. It’s 600 taka, but 400 for you.” Who can resist the 200 taka bargain? The books are sold quickly. Thanks to them, one doesn’t have to go searching the bookshops for these law books. If the books are costly and they ask for 10,000 taka, then perhaps there’s a bit of a hesitation and they are asked to come back after a couple of weeks. Maybe a client will appear on the scene and the price of the book will be covered!

Last week I bought two copies of the Election Commission’s manual for conducting the 11th national parliamentary election. There was no price mentioned in the book. Presumably it will be of use to officials involved in the election, political parties, candidates, agents and others. Some copies will be distributed for free.

Pages 278-288 of the manual contain the election code of conduct for political parties and candidates 2008, surely a very important law. These are very basic rules and regulations. These cover the time from when the election schedule is announced to the day before the election. That means the 19 clauses in the code extensively detail what the political parties, aspiring candidates, candidates, supporters and others can and cannot do up till 29 December 2018. Many are already aware of these clauses.

According to clause 8 of these rules, trucks, buses and motorcycles cannot be used for a grand display, and not even when the nomination papers are being submitted can processions be brought out. Clause 12 says that the campaigns can only begin three weeks before the voting. That means from today, 1 December, to 8 December, there can be no electioneering. But according to news reports, there have been grand celebratory displays while nomination papers were submitted and campaigns in certain places are carrying on in full swing. A Prothom Alo report on 30 November read: ‘Enamul MP shows no sign of following the election code.’

Also, there are news reports that no violation of the election code has come to the notice of the chief election commissioner (CEC). That’s why I was wondering whether the election code of conduct has taken a hike, gone out of the country on a holiday? If it does take a hike, there is little chance of a fair election. Unless stern measures are taken against any violation of the election code, things will spiral out of control the nearer the election approaches. The election commission must act now. Ten days later will be too late. As it is, many important leaders have expressed their concern repeatedly of violent clashes and killings during the election.

The rules provide for an election inquiry committee to be formed to look into these violations of the code. Interesting, the election commission, by means of a circular on 25 November, formed 122 election inquiry committees all over the country, comprising judicial officers (additional district and session judges, assistant judges, etc). The areas of each committee were also mentioned in the notice.

It is not enough to merely post the list of these committees on the website. The election commission must also have these appear in the national and local newspapers so that everyone gets to know where they can go with their complaints of election code violations. And the committees must complete their inquiries within three days.

The election commission’s election manual is a good book. Ten copies each should immediately be sent to the bar libraries in the 64 districts of the country.

The bottom line is, if the election commission packs up the election code and sends it off on a vacation, it will be impossible to hold a fair election. Stern action against violations of the code must be taken from today. The onus is upon the election commission, and the election commission alone.

*Shahdeen Malik is a lawyer of the Bangladesh Supreme Court and teaches law at the University of Asia Pacific. This piece appeared in Prothom Alo print edition and has been rewritten in English by Ayesha Kabir.