Upazila election: legal questions
We have heard arguments and counter arguments regarding holding of the upazila election before the general election. The government and the EC are showing one major reason and one major strategy to hold it before the GE. These are:
a. The elected government did not arrange the upazila election during their tenure of office in three terms. Therefore, there is no guarantee that they would hold the same after the GE.
b. The EC is contemplating a staggered upazila election in three or four batches. They cannot hold the election or declare the entire schedule in one go because the voter lists are not ready for all 464 upazilas. It might be finished by October (?)
My observations are:
a. The elected government did not hold the election using their discretion to do it or not to do it. Now the EC is using its undefined authority to do it, bypassing the contention of the major political parties that this attempt might further derail the roadmap and a political base would be created by this government to manoeuvre the entire election process. The political parties are using the political history to assume their viewpoint, may be their broken house needs more time to repair and to participate in the election. Likewise, the argument of the EC is also based on assumption. There is complete absence of legal issues. Like the former elected government, the EC is using its discretionary power and forcing the upazila election before the GE. We are aware about the court rulings to hold the upazila election. But whose duty was it to ensure enforcement of the court orders- the government alone or the legal system as such?
The elections are constitutionally mandated and the rule of law must prevail. What we see is a law of assumption and misuse of powers. There is no fundamental difference between the two except in the character of the government.
b. The EC is contemplating to hold a staggered upazila election as indicated by many in the media. The reason , as I see it, is incomplete voter list and problem of logistic and full proof security arrangements on election day and before or after if the election all over the country is held on one day. I will raise a definite question : whether the existing election laws have empowered the EC or the government to do so. If they can do it without a legal challenge, I can say safely that they would follow the same in case of GE and the Union Parishad elections. If I take the shelter of law of assumption, my assumption is based on the flip-flop and undemocratic character of the government. Their think tank is not democracy friendly. They might go to any lengths to present the nation a hybrid form of democracy.
Therefore, my final recommendation is: please seek legal clarification from the appropriate court of law. Take some quick action, because the think tank is busy preparing the blame game.
For all latest news, follow The Daily Star's Google News channel.
Comments