Polls possible within December if parties agree, says electoral reform chief Badiul Alam

Badiul Alam Majumdar, head of the Electoral Reform Commission, believes that if basic reforms are completed, elections could be held as early as December – but only if political parties can quickly reach a consensus.

“In essence, the ball is now in the court of the political parties,” said Badiul Alam, who also serves on the National Consensus Commission.

He made the remarks during an appearance on Inside Out, a discussion programme hosted by bdnews24.com, where he spoke candidly about electoral reforms, the country's political culture, flaws in the constitution, the need for a balance of power, and the institutional weaknesses of the Election Commission.

The episode was broadcast Tuesday on bdnews24.com’s Facebook page and YouTube channel.

Following the fall of the Awami League government on Aug 5, 2024, the interim administration launched several initiatives aimed at democratic transition. Among them was the formation of 11 reform commissions in two phases.

The Electoral Reform Commission and other relevant bodies have since submitted reports containing detailed recommendations to the government.

The National Consensus Commission, led by Chief Advisor Muhammad Yunus himself, has been gathering input from political parties and engaging them in dialogue.

Amid the ongoing reform efforts, a central question has emerged: What exactly is broken in Bangladesh’s electoral system?

According to Badiul Alam, the root problem can be summed up in a single word: “mistrust”.

“There are many reasons for this mistrust,” he said. “Our electoral system has been destroyed. People have been denied the opportunity to vote. Fraud has taken many forms. That’s why public trust has collapsed.”

He stressed that restoring confidence will require a clean break in both the electoral process and the broader political culture, and that can only happen by implementing the reform commission’s recommendations.

The chief advisor has indicated that the 13th parliamentary election could take place anytime between December this year and June next year.

However, several parties, including the BNP, are demanding elections by December.

Badiul believes that once a consensus is reached, and fundamental reforms are in place, “the election train will begin to move back onto the track”.

FLAWED EC APPOINTMENTS, POLITICAL GOODWILL

Though the Election Commission is a constitutionally independent body, its failure to conduct free and credible elections in recent years cannot be blamed on the EC alone, says electoral reform expert.

“Of course, the Election Commission bears responsibility,” Badiul Alam said. “It is an independent constitutional institution, tasked with ensuring free and fair elections. But there are many other actors involved — especially political parties, the government, candidates, and the broader state apparatus. They all share responsibility.”

He believes that only when all institutions perform their roles properly – within a clear legal framework and a balance of power – can credible elections take place.

“But even the strongest and most capable Election Commission cannot function independently if the election-time government does not act neutrally. That’s why we need a caretaker government,” he said.

Bangladesh has held 12 parliamentary elections so far, but three conducted under the previous Awami League government have drawn sharp criticism.

During this time, chief election commissioners and commissioners were appointed via search committees — a process formalised by a 2022 law. However, Badiul Alam sees this process as fundamentally flawed.

According to him, the failure of past commissions to assert their independence or exercise their authority stemmed largely from this faulty appointment mechanism.

“As a result, the government was able to install loyalists and sycophants into these roles. Many of them may have been good people, but they were neither neutral nor showed the backbone needed for the job,” he said.

Badiul stressed that alongside an independent Election Commission, the neutrality of the election-time administration and the political will to ensure fair elections are equally critical.

“Our experience shows that if the election-time government is not neutral – if it does not allow the Election Commission to operate independently, and if it does not allow the administration and law-enforcing agencies to carry out their duties impartially – then free and fair elections are not possible,” he said.

“The problem lies in political partisanship. If partisan individuals are removed from electoral operations, and those involved act impartially, then a fair election is possible. That’s why the role of the ruling party is absolutely crucial.”

HOW SHEIKH HASINA BECAME A 'MONSTER'

The electoral reform expert argues that Bangladesh’s constitutional, institutional, and legal structures have long been designed in ways that concentrate power, creating fertile ground for authoritarianism.

He believes the country’s 1972 Constitution, while foundational, contained structural flaws that allowed successive leaders to centralise authority and suppress checks and balances.

“If we look back,” Badiul Alam said, “Sheikh Hasina didn’t come to power on a tank. In 2008, she didn’t return in military uniform. And she didn’t suspend the constitution after coming to power. She came through elections — though those elections were contested and remain controversial.”

In 2014, when the BNP boycotted the election, the Awami League candidates won unopposed in more than half the constituencies, which never faded from the minds of many.

In the following national elections of 2018, the BNP agreed to take part, but the Awami League won, allegedly by sealing the ballots the night before the election, allegations which the Anti-Corruption Commission (ACC) is investigating.

To stem the tide of criticism, the Awami League adopted a new strategy to avoid being elected unopposed in the 2024 elections.

Party leaders without nominations were allowed to run as independent candidates to ensure that Awami League candidates are not alone in any constituency. Nonetheless, the ruling party struggled to draw voters to the polling booths.

He suggests that the system itself — its rules, institutions, and processes — has been inherently tilted in favour of autocratic consolidation.

“This entire legal and procedural framework was already conducive to creating an authoritarian regime,” he said.

He also pointed to the 15th Amendment, passed by Hasina’s government in 2011, which significantly altered the Constitution under the pretext of reverting to the spirit of the 1972 Constitution.

“In reality,” Badiul said, “it was essentially a rewriting of the constitution — retooled to reinforce one-person rule and make it more effective. That’s how Sheikh Hasina became a monster.”

WHY ‘NO VOTE’, WHY NOT EVMS

The commission has recommended bringing back the “no” vote option and cancelling elections in constituencies where voter turnout falls below 40 percent.

Justifying the proposals, Badiul noted that the “no” vote was allowed during the 2008 general election “without any complications”.

“It’s about giving voters a real choice. If none of the candidates seems acceptable, they should have the right to reject all by voting ‘no’. It’s an important alternative,” he said.

Instead of mandating compulsory voting, the panel has suggested introducing a minimum turnout threshold to ensure meaningful public engagement.

“We’ve said that a minimum level of participation is essential for establishing public consent.”

Badiul said, “In several countries, the threshold is 50 percent. If that level isn’t reached, a runoff election is held.

“We’ve suggested that a minimum level of participation should be ensured so that elections genuinely reflect public consent.”

According to him, elections must uphold democratic legitimacy, which is only possible when voters participate in significant numbers. “If people don’t vote, then the idea of governance with public approval loses its meaning.”

He also explained the rationale for recommending the discontinuation of electronic voting machines (EVMs).

The type of EVMs used in earlier elections was “substandard and unacceptable”, he claimed.

The commission’s chief said, “In Germany, the court ordered EVMs to be discontinued because they are black boxes. I press a button to vote, but I don’t see any output.

“There’s no way for the public to verify if tampering occurred.”

He pointed out that paper ballots offer complete transparency, while EVMs conceal the process, fuelling distrust among voters.

In addition, the machines lacked any paper trail, which meant there was no scope for a recount in case of disputes.

Badiur said when these EVMs were procured, former BUET vice-chancellor Jamilur Reza Choudhury, then head of the Technical Advisory Committee, had opposed them.

“His objection was ignored and the machines were purchased with vested interests in mind, unfortunately. These EVMs left room for manipulation,” he added.

EC NOW A ‘POST OFFICE’

The EC has objected to at least 10 recommendations made by the reform commission, including proposals for accountability, investigation through the Supreme Judicial Council, and certification within 48 hours that an election was conducted properly.

When asked about the objections, Badiul said: “We’ve said the Election Commission must be held accountable. In a democratic country, no one is above accountability.

“Right now, the EC is acting like a post office—letters come in, they stamp them and send them off.”

He remarked that if accountability had been in place, the last three commissions would have “thought ten times before acting”.

“Our proposal is aimed at making the Election Commission answerable,” Badiul said. “It is not about diminishing their dignity.

“The goal is to ensure that they refrain from any fraudulent activity or misconduct that could tarnish the electoral process.

“If they refrain from such behaviour, this won’t even apply. But if a proper accountability system had existed, the past three commissions would have acted differently,” he added.

‘URGENT NEED FOR ELECTIONS: DECEMBER IS POSSIBLE’

Despite his emphasis on reform, the head of the Electoral Reform Commission has voiced strong support for holding national elections as soon as possible — ideally by December.

“Personally, I believe we need elections urgently; as soon as possible,” he said. “And we need to implement key reforms so that elections do not once again pave the way for authoritarianism.”

Badiul Alam believes that completing the ongoing reform process in time for a December election is achievable, but only if political parties quickly agree on the way forward.

“As I’ve said before — the ball is now in the political court,” he remarked. “If the parties agree, even as soon as tomorrow, then the necessary steps for initiating the electoral process can begin.”

He expressed hope that the National Consensus Commission, of which he is a member, will be able to reach an agreement with political parties on drafting a July Charter that lays the groundwork for a credible election.

“We are still in the listening phase — talking with political parties. We are not yet certain where consensus exists. But we hope to reach clarity in the next stage,” he said.

“This is just the first step in our dialogue. In the next phase, we aim to reach a point from which a national charter can be drafted.”

Badiul Alam believes that if all stages of the reform process are completed in sequence, preparations for a December election are realistic.

“We’re hopeful that this phase of the process will conclude by the middle of May. After that, we move to the next phase — and a December election should then be entirely possible.”

'LOCAL GOVERNMENT FIRST'

Citing the commission’s internal survey, Badiul Alam noted that 65–66 percent of respondents preferred holding local government elections before parliamentary elections.

“That’s what public opinion says, and several political parties support this approach. Others oppose it. Ultimately, it depends on what kind of consensus can be built among the parties.”

Like Chief Advisor Yunus, Badiul Alam believes that with cooperation from all sides, the general election can be the best in Bangladesh’s history.

“That should be everyone’s aspiration — that this becomes our finest election. If we all work toward that goal, play our part — political parties, civil servants, law-enforcing agencies, and yes, the media — then I believe we can deliver the best election, and we should.”

[Writing in English by Syed Mahmud Onindo and Sheikh Fariha Bristy]