Chief Election Commissioner (CEC) Kazi Habibul Awal had spoken on 20 July to Prothom Alo in an interview. The interview was taken by colleague Riadul Karim. The CEC side stepped most of the questions that were asked. And the answers that he did give were so vague and unclear that it was difficult to discern the facts. The reply he gave to several questions were, ‘Wait and see.’ He had long been law secretary and so it may not be very surprising that his words were bound in legal twists and knots.
A question asked to the CEC was, BNP and some other parties have rejected the current commission which you lead. Do you believe it will be possible to gain the confidence of all parties before the national elections?
In response, the CEC said, “It is impossible to say anything for certain as to whether the political parties’ confidence in the election commission and the prevailing state mechanism will be restored, or not. We have been discharging our election-related duties as per the constitution, law, and regulations.”
It is only natural that the constitutional institution, the election commission, will follow the constitution and the laws. But the question is about the interpretation of the law and the constitution. An election is an open opportunity to choose. The first and foremost responsibility was to provide that opportunity. The obstacles that come in the way must be removed. In upholding the constitution and the laws, the people cannot be deprived of the opportunity to choose. The indicator of a good election is not a strong commission, not even political parties. The determining factor is the people. An election cannot be held with the people, or a section of the people, being left out.
The election commission headed by Justice Rauf in 1991 had held the election under the constitution left by Hussain Muhammad Ershad. Even local and foreign observers had recognized that election as free and fair. Then again, in the changed circumstances, the upazila election in Magura conducted by the same commission in accordance to the democratic constitution and laws, was not accepted by the people. The prevailing election-centered crisis in the country is actually rooted in that Magura election.
In the interview, Prothom Alo asked him whether it would be possible to term the election as inclusive and credible if any one of the country’s two major parties, Awami League or BNP, boycotted it. The CEC replied, “There is no certain yardstick to measure the credibility of an election and so I cannot say.”
I went through some old newspapers. He had replied differently to the same question in the past. On 23 February this year, after at meeting at the Nirbachan Bhaban in Agargaon with the Election Monitoring Forum, he told newspersons that the inflexible stance of the two major parties over the question of the election-time government, was dangerous for the country. If the election is held amid this inflexible stance and if any major party did not participate, this put the results of the election at risk. A law and order problem may arise, people may be harmed.
So which of his words are the people to believe? There are already signs that the inflexible stand of the two major parties does not bode well for the country. The CEC has said that there is no yardstick for a free and fair election, and now the two major political parties have taken up a confrontational stance on the streets. BNP took up a march programme on 18 and 19 July, Awami League countered it with a peace procession. This resulted with a Krishak Dal activist being killed in Lakshmipur and a few hundred leaders and activists injured around the country.
At the meeting on 21 December 2022 at the conference room of the Barishal deputy commissioner’s office, with senior officials of the division, regional and district returning officers, the CEC said, “We want everyone to participate in the election. If BNP doesn’t join the election, it won’t be inclusive.” He said that the commission cannot force any party to join the election, but that the election would be lacking if BNP did not join. It would not be inclusive.
Then again, in July last year, before a meeting of the election commission with Khelafat Majlis at the Nirbachan Bhaban, the CEC had said, If BNP does not join, the 12th national parliamentary polls will not be inclusive. According to him, it was most important that all major parties of the country take part in the election.
As far as we can remember, it wasn’t only on these three occasions, but almost at every meeting and exchange of views that the CEC had emphasised the need for all parties to join the election. His commissioners had echoed the same. After being installed in office, the election commission officials were eager to convey in their words that they were wanting to hold a free, fair and inclusive election. The example they set in Gaibandha by-election served to increase people’s confidence in them.
The election commission did take several initiatives to hold talks with BNP. This was not successful due to BNP’s obdurate stand. We feel that no matter what political stand it may hold, BNP should have responded to the commission’s call. They could have gone to the election commission and informed them of their one-point demand. If they hold meetings with the Dhaka police commissioner of the Awami League government, or the officers under him, why should they demur in talking to the election commission?
It is up to the Kazi Habibul Awal commission to decide whether they will conduct an election to uphold the rules and regulations, or to give the people an open opportunity to decide
The election commission did accept one of BNP’s demands. BNP had said EVM could not be used in voting. Ballots must be used. The election commission has decided to use ballots, not EVM, in the national election.
Many may not agree with the CEC’s arguments in favour of amending the RPO. He said, if the election is not even held, how can it be suspended? But an election is not just about casting votes. The circumstances before and after must also be taken into consideration.
After the schedule is announced, if any party does not allow anyone other than their nominated candidate to submit their nomination papers, will the election commission lend that legitimacy and announced the results, or will it give a new schedule? A new schedule means cancelling the previous election procedures. There is no need to wait for the election day or polling for this.
However, I will thank CED Kazi Habibul Awal. Unlike his predecessor, he has not spoken of exporting the Bangladeshi election model overseas. He has admitted that political consensus is necessary for an election. If the election is not held with the participation of all parties, the people will be deprived of choosing from options.
Now it is up to the Kazi Habibul Awal commission to decide whether they will conduct an election to uphold the rules and regulations, or to give the people an open opportunity to decide.
*Sohrab Hassan is joint editor of Prothom Alo and a poet. He may be contacted at [email protected]
*This column appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir