Local Govt Polls

Executive magistrates to try some poll offences

31 May 2010, 18:00 PM

Staff Correspondent

The home ministry has empowered executive magistrates to hold trial of some polls offences during elections to local government bodies. In doing so, the ministry has included newly enacted laws of local government bodies -- upazila parishad, city corporation, municipality and union parishad--in the schedule of the Mobile Court Act 2009. A gazette notification in this regard signed by the home secretary was issued on May 25. The Daily Star obtained a copy of the notification that says the changes are effective immediately. Executive magistrates manning are now able to try electoral offences for which the offender will not be sentenced to imprisonment for more than two years. These magistrates, who are from the administration cadres, are going to exercise this authority for the first time in the Chittagong City Corporation (CCC) polls slated for June 17. According to the Election Commission decision, 20 executive magistrates will be deployed in the CCC area on June 3 and 21 more on June 14 to try polls offences summarily. To pave the way for deployment of executive magistrates in polls to local government bodies, the EC had earlier decreased penalties for some offences from the highest seven years in prison to a maximum of two years and minimum six months. The EC did this while making rules for conducting city corporation polls since executive magistrates cannot sentence a person to more than two years' imprisonment. Once deployed, the executive magistrates can try offenders for corrupt practices in polls such as taking or giving bribes, and making false statements against candidates. According to the rules, a person could be sentenced to imprisonment for a minimum of two years and up to seven years with fines for committing those offences. The rules have also empowered executive magistrates to try offences like conducting campaigns on election day within 400 yards of polling stations, and using loudspeakers on the day. These provides for sentencing such offenders to imprisonment for minimum six months and up to three years. Judicial magistrates are empowered to hold trail of all electoral offences including those for which one might be sentenced to imprisonment for up to seven years.