By Professor Dr. Helal Uz Zaman
There is a craze for free, fair, credible, inclusive and participative election. Fairness in elections is not only desired by the voters but also by the other major stakeholders namely, political parties, the people in general and international agencies. However, though there is a craze, the past history of elections reveals the reverse picture. People have observed rigging, mass rigging, voting at nights and election engineering etc.
Fair election is a pre-condition for democracy to flourish in a country. Some experts may opine for substantial reforms in the whole election process, others may say about the strengthening of Election Commission and other concerned agencies.
Rigging in elections is a discussed issue now-a-days to all concerned that is to voters, Election Commission. law enforcing agencies, people in general and to the present interim government. This rigging issue has assumed greater importance ahead of 13th Parliament Election scheduled to be held in early next year taking into consideration of previous experiences.
Whatever may be the prevailing situation the election of 13th parliament of our country is scheduled be held under an interim government. Voters normally are expecting an unbiased and impartial attitude from the all concerned involved in election process.
Some guidelines and policy prescriptions are made and imposed by the Election Commission. But sometimes these are not evidence based and pro-voter one. So if Election Commission decides to change their rules and regulations conducting elections it must take the opinion of the political parties as well as that of the voters in general may be through field level study on random sampling. We have to keep in mind people are the best judges to justify reforms or changes required if any to ensure fairness and acceptability.
The present article attempts to analyze the possibilities of rigging at different stages of elections namely pre-election stage, during election stage and post-election stage. An attempt has also been made to find out ways to get rid of this rigging phenomenon or at least to minimize the risks of rigging. Let us now try to explore the possibilities of rigging and practices in this regard at different stages.
Pre-election stage: Election involves different dimensions and magnitudes. Rigging starts long before the schedule of election is declared. This may happen is the process of preparation of voters list, demarcation of constituencies, selection of election conducting officials that means Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Offices, receiving ballot boxes and ballot papers timely and others.
Sometimes voters list is not updated. Even the names of the dead persons happen to appear in the list which results in lack of credibility and fairness. Demarcation of the constituencies are sometimes changed as per convenience of influential candidates or political parties.
Voting centers are selected sometimes convenient places to some candidates. This may give them an upper hand in the manipulation and rigging process.
Normally in national elections Deputy Commissioner of the district is made as Returning Officer and Upazila Nirbahi Officers(UNO) are made Assistant Returning Officers. They have a greater role to play to ensure fairness in elections. Their services are placed at the discretion of the Election Commission the moment election schedule is declared. Election commission can transfer the officials placed under the Commission if any deviation from the standard rules and procedure is observed by the officials. But at times this is not strictly followed. Interference from the other quarters is observed.
During election stage: At times the booths in the centers are not made ready timely. The concerned officials report to the centers late. Even it has been observed that the officials on duty take food and drinking water from the candidates or from the followers of the candidates.
The Election Commission and the Returning Officers and Assistant Returning Officers shall have to decide who will be allowed to enter the polling centers. If international observers decide to visit the centers, they should be allowed following the guideline of the Election Commission.
After election stages: Election is over. Results are made available by the Returning Officers. Sometimes Election Commission delays the publication of gazette notification as well as oath taking ceremonies are also delayed. So, the dates of gazette notification and oath taking are to be made public beforehand. Of course, there is a provision for filing cases to the Election Tribunal framed. The procedure of disposal is lengthy one. If possible, there should be time frame for disposal of the cases.
In the light of the above writings / observations the following measures are recommended to ensure fairness and credibility in future Parliament election.
i. There is a need for change in vote casting timing. It should be made from 7 am to 5 pm so that the participation of the voters be maximum.
ii. Voting materials including ballot boxes, ballot papers, seals, ink used, voter list must be sent to the centers the day before the election. The members of the local law enforcing agency should remain present and keep themselves alert during this process.
iii. The services of Bangladesh Army should be under its own command so that they can move freely not to intimidate but to ensure safety and security to the voters.
iv. The list of election agents should be given to the Assistant Returning Officers beforehand by the candidates.
v. Election schedule is to be declared three months before the election so that the contestants have enough time to go to the voters and place their pledges to the voters.
vi. In case of independent candidates the system of signature of 5% voters at the time of filling nomination paper is to be abolished.
vii. Normally a meeting is arranged ahead of election for the Presiding and Polling Officers. Returning Officers and Assistant Returning Officers deliver their speeches and provide guidelines. Representative of Bangladesh Army should remain present there and should be given an opportunity to deliver speech explaining the role of the Army in the election process.
viii. When the voting is over, the counting of votes should start in presence of the agents. They should be guided to put signature on the result sheet.
ix. Result should be sent to Election Commission instantly on line. One copy of the result sheet should be posted at the nearby post box.
x. The entry of the concerned to the polling centers should be decided beforehand.
xi. The Officers of Bangladesh Army on duty should be given Magisterial powers.
xii. Army should be deployed to the constituencies at least 15 days before the election date.
xiii. The present of the international observers are to be made public beforehand. It shall be left with them which centres they like to visit.
xiv. Seals used in casting votes should be made strong enough so that these are not broken.
Professor Dr. Helal Uz Zaman is the former secretary & advocate Executive Director, Anti-Rigging Campaign.
Email: zaman.helal@yahoo.com
