I can hope that this 'Research Monograph'' will fulfill your expectations and also the requirements of the course. I have tried my level best to prepare this 'Research Monograph' for the required' has been done by Afzal Mahbub, ID No: LLB in partial fulfillment of the requirements for the degree of Bachelor of Law from Sonargaon University (SU). A person who has held the office of Chief Election Commissioner is not eligible for appointment in the service of the Republic.
- Introduction
- Research Objectives
- Research Methodology
- Limitations of the Study
Every research involves methods by which the desired result can be achieved in this regard; I have the following analytical method to complete this research, the data from secondary sources which include different laws Newspaper books and websites etc. I faced difficulties in getting appointments from the desired respondents, as well as appropriate response from the selected respondents, because I was confidential to the company.
- Preface
- Election Commission; An upholder of electoral democracy
- Powers and Function of Election Commission; Its major
- The Representation of Peoples Order, 1972 outlines the elaborate powers of the
- Independence of Bangladesh Election Commission; Pure in
- Separate Election Commission Secretariat
Successful conduct of free and fair elections by the electoral bodies will constitute the implementation of the objectives of electoral democracy. Article-119(1) The supervision, guidance and control of the preparation of the electoral lists for elections to the office or President and for the Parliament and the execution of such elections rests with the Electoral Commission which, in accordance with its Constitution and any other law-. a) Hold elections to the office of President;. It also stipulates that all executive authorities of the Republic must assist the Commission in the performance of its duties during the Election Period.
- Introduction
- Constitution of Election Commission of Bangladesh
- Powers of Election Commission
- Other related Issues associated with the functions of the Election Commission
- Nature and extent of power of the Election Commission
- Election Commissioners Appointment Act, 2022
In advance, the politicization of the appointment to such an important office in the republic had been a major flaw in the electoral mechanism of Bangladesh. For other things, at the request of the Electoral Commission, the President makes available the staff necessary for the performance of its functions (Article 120). Election to the Office of the President (Clause 1 and 2): The election to the Office of the President shall be held within the period of ninety to sixty days before the date of expiration of the term of office, if the vacancy in the office of the President occurs by reason of the expiration of his term.
However, if the mandate expires before the dissolution of the National Assembly to which he was elected, the election to his office will be held only after the next general election of deputies. If the position of President becomes vacant due to the death, resignation, or removal of the President, an election to fill the vacant position shall be held within ninety days of the occurrence of the vacancy. General elections of deputies (Articles 3 and 4): If the parliament is dissolved due to the expiration of the mandate, general elections of deputies are held within ninety days before this dissolution.
Elections for the filling of a parliamentary seat, which becomes vacant other than due to the dissolution of Parliament, are held within ninety days after the vacancy occurs. 4 of the Representation of the People's Order from 1972, the electoral commission is independent in the exercise of its powers for the preparation of free, fair and impartial elections. This is said to be one of the best steps in Bangladesh to make the Election Commission strong and transparent.
Composition of the Search Commission and its Functions: (Section 3) The President shall establish a Commission of Inquiry consisting of the following 6 (six) members for the purpose of recommending the names of persons qualified under this Act for the vacant posts of the Chief Election Commissioner and other Election Commissioners, namely:.
- Obstacles faced by Election Commission in Bangladesh
- Effects of money
- Muscle Power
- EC's dependency to Government
- Arbitrary Appointment
- Election Disputes/Violence
- Members of Election Commission
- Lack of Cooperation of the Political Parties
- Challenges of Election Commission to hold a free and fair election
- Corruption in Election Commission
- Delimitation of Constituencies for Election
EU neutrality is hampered due to arbitrary appointment of CECs and Election Commissioners with partisan image, recruitment of local level election officials with partisan background, politicization of NCG and planned placement of administration officials before elections. All this is reflected in the results of elections in favor of the ruling party. Restrictions exist in the Election Conduct Rules, 1996 and the absence of its implementation has spawned some of the violence.10.
But it is a crucial challenge for the Election Commission to conduct impartial elections, while every ruling party will try to manipulate the election procedure due to the lack of practice of democratic political culture among the political parties in our country. Reliance on the government for financial issues can ensure that the Election Commission does its work transparently and independently. Introducing the Electronic Voting Machine (EVM) into the election process will confuse the masses while most people are unaware of the technology.
Corruption of Election Commission under Article-120 of the Constitution of the People's Republic of Bangladesh, the President shall, when the Election Commission so requests, make available to him such personnel as may be necessary. So most of the practical scenario of this country is that the president of the country is a political leader and the appointment system is not clear, so based on the demand of the EC, the president will appoint such a person. The delimitation of constituencies for the parliament is one of the most important functions of the Electoral Commission.
Demarcation is one of the agenda of this Commission, placed in the Roadmap to be completed before elections. 13.
- Preface
- Suspended Gaibandha by-polls to be held by 15 January
- EC wins rare praise
- Expedition of Election Commission
- Establishment of Election Commission
- Election Commission‘s Own Laws
- Principles of Election Commission
- Extend Election Commission Reformation is Necessary
- Unrest Situation among Political Parties in Respect of Belief
- Procedure to Reform of Election Commission
Therefore, a strong, vigilant and independent Election Commission was very much in the vision of the framers of the Constitution. The Constitution is father of the Election Commission which was born with the virtue of Article- 118. EC was established since the liberation of the country by virtue of Article-118 of the Constitution of the People's Republic of Bangladesh.
From a constitutional point of view, since there is an Election Commission consisting of a Chief Election Commissioner and such number of Election Commissioners to expedite the mandatory for the Commission. The appointment procedure for the Election Commissioner is subject to the provisions of the Constitution and the constitutional guidance of the President. However, the constitution is silent on the independence of the secretariat that provides logistical and operational functionaries to the constitution. 16.
The success of the democratic process requires fair and open elections that accurately reflect the intentions of the electorate through the Election Commission. As guardians of the freedom of the public within a democratic society, the Election Commission is responsible for the integrity of the process. Questions may arise about such confusions, even most of the CECs and commissioners came from the judiciary.
This can be the way of voting and the code and conduct of the parties concerned. There is a serious lack of professionalism in terms of performing the tasks of the EC in relation to political dialogue. Therefore, each state department should be used to connect to the EC.
The Major Steps in the holding of Free, Fair and Independent Elections
- Preparation of an accurate voter list
- Two measures may be taken to minimize this problem
- Selection of polling centers
- Electronic screening of results prior to publication
- General Law and order situation
From the diagnosis of the EC, it is revealed that the EC must in fact be dependent on the government officials regarding the appointment of LOCs and other Commissioners, the recruitment of staff for the EC secretariat, the execution of its functions at the field level during elections, maintaining law and order, and managing various financial issues including budget allocation and disbursement of funds. The EC's neutrality is hampered due to arbitrary appointment of LECs and Election Commissioners with a partisan image, recruitment of election officials at the local level with a partisan background, politicization of the NCG, and planned placement of administration officials before elections.21 All these was reflected in the results of elections in favor of the ruling party. The EC has not been up to par in terms of efficiency as there are fake voters in the electoral roll, irregularities in electoral roll preparation, imbalance in voter distribution due to the non-delimitation of constituencies over the past 22 years, lack of action taken against electoral malpractices, and controversial roles played by the CEC and other Commissioners.22.
The location of polling centers within strongholds of candidates can be a threat to a fair election. Sometimes the candidates manipulate the selection of locations of polling centers in collaboration with election officials. The provisional list of polling stations should be published three months before the election and the final list should be approved after hearing the objection of the stakeholders.23.
One of the main weaknesses of the National Elections is that the results declared by the presiding officers of the voting center are accepted by the Electoral Commission without any review. There are two characteristics in the results of such centers: very high percentage of participation in voting (more than 90% of the total votes cast) and very large plurality in favor of a candidate. In such centers, voter turnout is extremely low compared to previous elections or comparable centers in the same elections.
The Election Commission must withhold the publication of the results of polling stations that deviate significantly from a statistical point of view, conduct a special investigation and, if warranted, order re-elections at these centres.
Essential Grounds for Electoral Reforms
In these cases, voters from the opposition camp must not enter the center at all by illegal means. Such designs to manipulate elections can be thwarted in part by the vigilance of domestic and foreign observers. The Election Commission should actively encourage election observers, establish communication channels with them and send mobile observer teams consisting of retired and serving officers.25.
Findings
Recommendations
Conclusion
Jashim Ali, (2010) An Introduction to Constitutional Law of Bangladesh, 1st Edition, Northern University Bangladesh, Dhaka. DrBelal Husain Joy, Constitutional History of Bangladesh Commentary on Modern Political Crises and Leading Jurisprudence, (2008) p489.
