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Published : 13 Apr 2025, 03:16 AM
The Election Commission (EC) is preparing to amend parliamentary election laws and regulations by merging its proposals with recommendations from the Electoral Reform Commission.
Among the key changes is a provision to take action against candidates for loan defaults or for concealing information in affidavits, with such action permitted even after the voting has taken place.
Perhaps the use of social media platforms for election campaigning will be allowed, but the EC is also proposing punitive measures under the Cyber Security Act for any breaches of conduct.
Another proposal seeks to make it mandatory for political parties and candidates to submit formal declarations affirming their commitment to adhere to the electoral code of conduct.
The EC plans a series of changes to the Representation of the People Order (RPO) and the code of conduct to ensure a free and fair general election under the interim government.
It is considering not only its own recommendations but also the implementable proposals put forward by the reform commission.
Among the proposed changes to the RPO are new eligibility criteria for candidates, rules for providing accurate information in affidavits, deadlines for submitting nomination papers, campaign timelines, and provisions for party registration.
The EC is also reviewing several proposals to modernise the electoral code of conduct and make it more attuned to contemporary realities.
The Cabinet Division has already issued an “extremely urgent” request for the submission of draft proposals concerning electoral laws, regulations, and policy frameworks.
The commission has confirmed its intention to forward the documents for governmental review as soon as possible.
Upon receiving the proposals, the government will initiate the process of issuing ordinances and gazette notifications following vetting and review by the Ministry of Law, Justice and Parliamentary Affairs.
NEW APPROACH TO THE CODE OF CONDUCT
The Code of Conduct for Political Parties and Candidates, enacted in 2008, is proposed to be renamed -National Parliamentary Election Code of Conduct, 2025.
Election Commissioner Md Anwarul Islam Sarker told bdnews24.com, "The current code of conduct is being revamped with a new approach.
“By 'new approach’, we mean the incorporation of some new elements."
He pointed out that the existing code already prohibits VIPs from campaigning in favour of any political party.
“We now intend to extend this restriction to include not only members of the elected government but also figures associated with an interim or caretaker administration,” he added.
“In this context, the term ‘advisor’ will be incorporated alongside positions like ‘minister’ and other VIP designations.”
The draft, once approved by the EC, will move forward to the next stages of adoption.
This election commissioner said: "We are seriously considering the recommendations of environmentalists and the reforms commission regarding posters and laminated posters.
“We are contemplating whether these can be replaced by banners,” he added. “A final decision will be taken after the commission reaches a consensus.”
Anwarul said the EC is open to adopting any recommendation from the reform commission that contributes to a better election.
Nazmul Ahsan Kalimullah, the chairman of the Jatiya Parjobekkhon Parishad (JANIPOP) believes that imposing control over social media campaigning would not be appropriate.
He, however, views initiatives to address aggressive and religiously offensive content positively.
"Freedom of speech will remain; it cannot be controlled,” Nazmul said. “But, the things that candidates can and cannot do on social media must be categorised and monitored."
ADDITIONAL PROPOSALS UNDER REVIEW
The current regulation defines the “pre-election period” as the duration from the announcement of the election schedule to the publication of the official results in the gazette.
According to the recommendations of the reforms commission, three periods are proposed for the observance of the code of conduct:
The time from the end of the parliament’s term to the schedule announcement is defined as the “pre-election period”; from the schedule announcement to the result gazette publication is the “election period”; and from the gazette publication to 45 days after is the “post-election period”.
The proposals also include:
>> A maximum of five people may accompany a candidate during nomination submission.
>> Use of polythene leaflets and plastic (PVC) banners is prohibited.
>> Digital and social media campaigning will be allowed; campaign IDs must be submitted to the returning officer.
>> Expenses on social media campaigns must be declared as part of election expenditure.
>> Inciting or defamatory content on social media will result in fines and punishment under the Digital/Cyber Security Act.
>> Microphone sound levels must not exceed 60 decibels.
>> A new clause will be added explicitly allowing cancellation of candidacy for code of conduct violations.
>> Political parties must submit a declaration of commitment to the code of conduct before the allocation of symbols, and candidates must also provide similar declarations to the returning officer. Failure to uphold the commitment will result in penalties under election regulations.
On National Voters’ Day on Mar 2, Chief Election Commissioner AMM Nasir Uddin said political parties must bear responsibility for violations of the code.
He added that obtaining written commitments from parties could help ensure free and fair elections, a position supported by consensus in the commission.
ACTION EVEN AFTER VOTE FOR LOAN DEFAULTS, FALSE DATA
The Electoral Reform Commission has made a number of recommendations on candidate eligibility, disqualification, nomination papers, and easing party registration conditions in the RPO.
The EC has already expressed differing views on some of these and said its own position based on consensus within the commission.
EC Senior Secretary Akhtar Ahmed said, “Opinions on these recommendations will be submitted as soon as possible.But, at this moment, I cannot comment on which specific suggestions will be put forward. The honourable commission will decide on the matter.”
He added that the EC has begun reviewing laws and regulations to send proposals to the government.
Election Commissioner Anwarul said, “We are attempting to incorporate points from the reform commission’s report and issues from local government elections that are generally supportive of fair elections.”
REFORM COMMISSION’S RECOMMENDATIONS UNDER DISCUSSION
>> Preventing habitual loan and bill defaulters from contesting elections. In particular, ensuring that defaulters fully repay their classified loans at least six months before submitting nomination papers. Disqualifying those who default again after being elected.
>> The EC has positively highlighted proposals to set nomination submission at 10 days, scrutiny at 7 days, withdrawal at 10 days, and campaigning at 15 days. It said these could be incorporated into the Representation of the People Order (RPO).
>> Replacing the current rule requiring independent candidates to submit signatures from 1 percent of voters with consent from 500 voters.
>> Abolishing the provision that allows a person to contest in multiple constituencies.
>> Introducing a provision to disqualify a person from future elections if their election is annulled by the court due to false information or concealment of information in the affidavit.
>>Repealing the RPO clause requiring executives of private organisations to resign three years prior to contesting elections.
>>Making elected local government representatives ineligible to contest parliamentary elections without resigning.
>>Mandating re-election in any constituency where voter turnout is below 40 percent.
>>Easing conditions for new party registration by requiring offices in 10 percent of districts, 5 percent of Upazilas, and a minimum of 5,000 members.
>>Requiring renewal of party registration every five years.
>> Cancelling nominations or elections if candidates conceal or provide false information in affidavits or income tax documents.
PREPARATION UNDER WAY FOR ORDERLY EXECUTION
According to the chief advisor’s announcement, both the government and the EC are proceeding with preparations targeting December.
Anwarul said: “We are aiming to be fully prepared within July and August. That’s because we need to publish the manual incorporating the legal amendments, then distribute those, followed by training at all levels on the ground.”
“We’ve consistently maintained that December is our target,” he added. “If we plan to announce the schedule in October, all preparations must be completed by July and August.
“We are moving forward accordingly. After that, we will hold discussions with political leaders and other stakeholders, including law-enforcing agencies. Only then will the schedule be set.”
The election commissioner said: “Everyone wants an unprecedentedly fair election. In this period of interim government, we are committed to ensuring a free, unbiased, flawless, and influence-free election.”
“There is no alternative to a good election at any cost. Everyone is looking to the Election Commission. We are expecting cooperation from all corners,” he concluded.
[Writing in English by Sheikh Fariha Bristy]
