The Election Commission shall be independent in the performance of its duties and shall be subject only to this Constitution and the law” – (Article 118 (4), Bangladesh Constitution
The Election Commission (EC) has called for the transfer of all Upazila Nirbahi Officers (UNOs) and Officers in Charge (OCs) of police stations throughout the country in preparation for the upcoming 12th national election.
The directive, issued on November 30, 2023, instructs the senior secretary of the Public Administration Ministry to propose the transfer of UNOs who have been stationed for over a year in the first phase. Similarly, the senior secretary of the Home Ministry’s Public Security Division has been instructed to propose the transfer of OCs who have served at their stations for over six months in the initial phase. Additionally, copies of the letters were dispatched to the cabinet secretary and the inspector general of police (IGP).
The ministries concerned have been directed by the EC to submit the proposals by December 5. The letter addressed to the senior secretary of the Public Security Division emphasized that the transfers aim to ensure a transparent and unbiased national election scheduled for January 7, 2024.
An essential part of upholding law and order is played by the OCs. The returning officers (ROs) carry out all the tasks required to conduct an election with the assistance of the AROs. According to the electoral laws, they are legally obligated to provide free and fair elections.
According to information from the public administration ministry, at least 290 out of the total 495 UNOs have been stationed for over a year. In the capital, more than half of the OCs from 50 police stations will undergo transfer in the initial phase due to their service exceeding six months, as per sources in Dhaka Metropolitan Police.
As per the Representation of the People Order 1972, officials such as divisional commissioners, commissioners of metropolitan police units, and all their subordinates cannot be transferred without the EC’s permission after the announcement of the polls schedule.
Powers of the Election Commission
The Election Commission, established as a constitutional institution, is endowed with specific powers as stipulated by the Constitution and legal statutes.
The Election Commission shall be independent in the performance of its duties and shall be subject only to this Constitution and the law”.
-(Article 118 (4), Bangladesh Constitution)
The duties of the Election Commission, delineated in Article 119 of the Constitution of the People’s Republic of Bangladesh, encompass overseeing presidential and parliamentary elections, formulating voter lists, revising constituency boundaries, conducting elections mandated by law (including those for local government councils such as Union Parishads, Municipalities, City Corporations, Upazila Parishads, Zilla Parishads, and Hill (including Zilla Parishad)), and performing ancillary functions. The Election Commission is mandated to operate independently, adhering solely to the Constitution and the law, and all authorities are obliged to support the Commission in fulfilling its responsibilities.
Following the election schedule announcement, the commission possesses a range of powers to ensure the free and fair elections.
The Representation of the People Ordinance explicitly outlines the Electoral Act and the authority vested in the Election Commission.
- Article 126 of the Bangladesh Constitution dictates that all executive authorities must aid the Election Commission in executing its duties, thereby reinforcing the Commission’s authority.
“It shall be the duty of all executive authorities to assist the Election Commission in fulfilling its duties”.
-( Article 126, Bangladesh Constitution)
- As per the Public Representation Order, the Election Commission is granted the authority to sanction the transfer of Divisional Commissioners, Metropolitan Police Commissioners, Deputy Commissioners, Superintendents of Police, and their subordinate officers after the election schedule announcement. If transfers are necessary for the sake of impartial elections, the Election Commission communicates this need in writing to the relevant authorities, who are then expected to effect the transfers promptly.
- In instances of severe violations of election laws and codes of conduct by a candidate, the Election Commission is empowered to annul their candidacy, exercising full jurisdiction in such matters.
- The Representation of the People Order delineates that the Election Commission holds the jurisdiction to appoint and revoke Returning Officers, who are obligated to carry out duties assigned by the Commission. In the context of parliamentary elections in Bangladesh, District Administrators act as returning officers.
- Under the People’s Representation Order, the commission retains the authority to annul elections during the electoral process and voting.
EC Prepares for Credible Election
Following the Representation of the People Order (RPO) and the Electoral Act, comprehensive preparations have been made by the Election Commission (EC) to ensure the credibility of the upcoming parliamentary elections.
Recent amendments to the RPO have strengthened the Election Commission (EC), granting it increased authority. Under the new amendment, the EC has the power to annul the voting at affected centers if irregularities are detected during post-voting investigations. Furthermore, the EC is empowered to halt the issuance of gazettes.
To streamline the election process, the EC will promptly issue a public notification and appoint returning officers (ROs) and assistant returning officers (AROs). Empowered by legal authority under electoral laws, the ROs, with the assistance of AROs, will undertake necessary tasks to ensure a fair election. Additionally, the EC plans to send a demi-official letter to the cabinet division, seeking assistance and requesting that field-level government officers remain in their positions until the election results are published.
Conclusion
The Election Commission’s proactive measures to transfer Upazila Nirbahi Officers and Officers in Charge indicate a commitment to conducting a transparent and unbiased 12th national election on January 7, 2024. Empowered by constitutional and legal authority, the EC’s preparations, strengthened by recent amendments, aim to ensure the credibility of the electoral process and maintain the integrity of democracy in Bangladesh.
