Netrakona-3 by-election must be fare and free

The last few 'minor' elections are pointers to the question posed. The Mayoral elections particularly that in Rajshahi bears no tall-order testimony to the triumph of the EC as well as its captain. The Chief Election Commissioner (CEC) Mr. M.A Sayed, allegedly, had to stay out of the office for few days. As we could watch on television, one officer of the EC assumed the all-powerful responsibility of feeding the press with the alleged "false" and "fabricated" facts. During that period, we remember, even the CEC made some comments about the utter 'helplessness' of the Commission due to reasons quite known to the public. Even he hinted at how the government was not allowing EC to work at its will. As a result, the election was held in due time but every one knows well what happened then and who actually got people's mandate.

Mr. Nazim Kamran Choudhury has mentioned that the CEC in Magura by-election was forced to leave the station. This time, we mention, the CEC was 'forced' to leave the office. The periods are different but the common factor is that, on both occasions, the CECs were not allowed to act as per the rules of the constitution but were forced to fall upon the whims of the administration. The classic example in the history of Bangladesh elections, perhaps, is the Sandip Pourashava elections where the guns and the goons forced voters to stay out of the exercise and the election could not be held at all. What about the recently held UP election? So can be said about other elections in other organisations where EC is not involved but the attitude of the party in power and its followers towards free and fair election is very much in evidence. Ipso facto, by and large, faith in the CEC has already started to fade. And also the hope that the present government could deliver the goods properly seems no more on the horizon. And it would be a Herculean task to regain the 'faith' unless some extraordinary steps are on board.

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Of course, the critics of our arguments could point to the election of Narayanganj Municipality where the candidate from opposition Awami League defeated the ruling party backed candidate. And so in two or three more minor cases. But arguably, those sporadic successes were more due to the inner conflicts of BNP rather than the neutrality of the EC itself. Again, for giving some credit on this count to the CEC, one should not take it as a leverage to do "something" in Netrakona by polls.

My main aim of writing this note is not to contest Mr. Choudhury but to confirm some of his conclusions. Two of his observations are worth the note. First, if BNP-Jamaat alliance candidate loses in the by election, it would indicate a wake up call for the government. In other words, the present government should take it as an indicator of its performance over the last 22 months or so. This is what is expected in a democratic set-up. Therefore Ministers should see that they behave as per the EC rules and regulations. Second, the opposition Awami league should also take it as a test case for their popularity. If they fail this time, it would mean -- Mr. Choudhury suggested -- that time is yet to come to their comfort. This view is also in consort with democratic norms. The question is, would that happen?

I come first to the last remark. There is no reason why Awami League should not take the result in a relaxing mood provided the election is free and fair. Back in the mind an experience of "Magura" variety and of the last general elections where its candidates and supporters were hackled by army and police just on the day of the election, can any one sleep with any complacence, whatsoever?. How could officers of Islami Bank become involved in general elections, given that thousands of institutions were existing in the country? Even in an election where Awami League did not participate say, for example, in the last mayoral elections -- riggings reigned with no fewer rigours. Awami League also bears the bitterest experience of being bashed every moment by the ruling party since it assumed power. The 'mornings' of last 22 months have already shown the 'days' for the opposition Awami League. Therefore, it is quite likely that in the case of a debacle, the party would raise complaints about 'non-neutrality of EC', 'rigging' etc. Besides, in the case of opposition parties in developing countries -- and especially in Bangladesh -- the word 'defeat' can rarely be found in their dictionary. But things roll on whether the opposition parties accept the verdict or not. In a few days, the opposition also tends to forget the past and posit for the future course of actions. On the other hand, the public and the press truly reflect the situation to diffuse unfounded claims.

The ball of a fair and free election is always in the court of the EC and the government. The EC is said to be independent but many of its functions are dependent on the attitude of the government. Suppose, for example, EC thinks that army should be deployed to tackle terrorism in and around the constituency but government thinks otherwise and disowns the claim of the EC. Suppose again that the EC instructs Ministers not to visit the constituency with flag-cars and they do not follow it, what can the EC do? So, EC is always an independent body with independent ideas but the instruments it uses are dependent on government. Unless the party in power truly believes in democratic norms, uses its organs to pave the ways for a free and fair election and -- as Mr. Choudhury rightly remarked -- accepts election defeat in a particular constituency as a wake up call, things are unlikely to change.

We think that the coming Netrakona by election is a test case for both EC and the government in power to regain the lost credibility, at least by a margin. The defeat in that constituency of the government candidate would matter nothing since BNP-Jamaat alliance in power has got a vast majority in the parliament. Again, it would matter very little even in terms of the popularity in the country as a whole -- excepting the fact that it sends a wake up signal. But contrary to our contentions, "over enthusiasts" inside the government might think that the defeat might matter most as a point of prestige and therefore no stone should be left unturned to get it. They might also argue that any opposition to the "rigged" results could be severely dealt with by the government that holds a "brute" majority.

We hope critics do not win the race this time. The "Magura" nightmare should be the lesson for the government. That was historically a seat of Awami League and several elections proved that. But the then government attempted to rewrite the history by making every arrangement that would suit their candidate. Justice A. Rouf had to leave the station seeing that election was not being held by the EC but by the government. At last the government candidate won the seat but the government lost the power in the face of a people's movement that was mooted from the menace of Magura by election.

We therefore expect that both the EC and the government would lean on past experiences to take lessons from. It should be ensured that Ministers behave as per the rules of the EC, government party behaves as per the norms of the democratic devices and the rule of law is applied across the board. The minority community should be allowed to vote freely without any fear. Equally, the opposition parties should also see that their activities do not fall outside the boundary of the EC rules and regulations. And finally, we would like to see that the CEC comments on the results or allegations, if there is any, but not an officer of EC.

We do not want to see another "Magura" type election. And we do not also want to see that crimes committed in a particular constituency costs a government dearly. We want democracy to survive. Both government and the EC have a role to play in realising our dream of a free and fair election.

Abdul Bayes is a Professor of Economics, Jahangirnagar University.