Ensuring law enforcement during election

The informed public know that the answer is perhaps in the negative and that a reasonably peaceful and fair election depends largely on the goodwill of the general population strengthened and encouraged by the mainstream political parties being supplemented by the enforcement arrangements of an over stretched administration. This, however, does not detract from the urgent need of legal and procedural reforms required to adequately empower the Election Commission for the smooth conduction of election.

Reform proposal and its efficacy
The outgoing Chief Election Commissioner has put forward some recommendations for strengthening the Election Commission during the penultimate period of his tenure. A considered view is that these recommendations do not have any element of novelty in them and that the same could have been made at least two years earlier. Such view assumes significance in the background of the fact that some suggestion is so basic that it would take two to three years to materialise if acted upon. Since the Chief Election Commissioner had the benefit of experience of several local body elections and parliamentary bye-election after the general election of 2001, there was nothing to prevent him from coming up with timely recommendations for consideration. One doubts whether any one of his recommendations could be acted upon or implemented between now and the holding of next general election. One has to bear in mind that the transfer/posting of the Secretary of the Election Commission, the highest ranking functionary from the executive branch would depend on the discretion of the political government. The reality is that for the peaceful and impartial conduction of the election, the Election Commission needs the total support from the executive organ.

Tap here to add The Daily Star as a trusted source

The ID and false voting
The problem of false voting in the form of impersonation and the related malpractices seriously mar the credibility of our elections. The issue assumes complicated proportion as in Bangladesh we do not have a central registration of the population and the consequent provision of identity cards for each voter. Some efforts have been made for voter ID with photograph but whether the entire voting population could be brought under the arrangement during the next one year and a half remains doubtful. If recent experience is any guide then one may say with some certitude that the problem of false voting will reach a worrying proportion in the next election which will be contested by two desperate political parties. The uniformed law-enforcement personnel will not be of much help in tackling the fraud and how the election officials will counter the problem under the circumstances remains to be seen. This scenario compels us to think about the inaction of the Election Commission in devising the proper administrative support for fair conduction of the election. Who has to be blamed for this? Were the funds required to complete voter ID made available in time? If so, what has gone wrong? The public have a right to know because the constitutional body charged with the onerous duties of holding a credible election cannot perform its function satisfactorily without adequate preparation.

Role of public servants
All public servants entrusted with election duties come under the control and supervision of the Election Commission during a fixed period. That is the official position. However, posting of so-called loyal and pliable officials in key positions by the party government prior to relinquishing power to the Caretaker government has created administrative complications. In 2001 after the departure of political government thirteen secretaries to the government were transferred on the very first day the Caretaker chief assumed charges of office. Later on, there was large-scale transfer of Deputy Commissioners and Superintendents of Police of districts along with wholesale transfer of all officers-in-charge of the police station of the country. Whether such massive exercise entailing huge expenditure from the public exchequer was in the real interests of impartial conduction of national election has not been established beyond doubt. A particular political party continues to complain that officials hostile to them were deliberately posted to key positions and that such officials acted in a very partisan manner during the election. Many such officials were allegedly rewarded with prize postings after the election. Whatever be the merits of such officials, the allegations of the particular political party cannot be brushed aside under the circumstances.

The key question, however, is: what is the criteria of selecting and posting an impartial public official during election time? Officially, all public servants are regulation-bound to act in a neutral and non-partisan manner. The ground reality, however, is that officials appointed and posted by a particular party government are not considered trustworthy by the opposition. So what would be the scenario like during the next election? This issue would be very crucial because public servants in key positions have considerable influence on the election process. Without doubt, there would be demands and counter demands, allegations and counter allegations about the suitability of particular public official. The Election Commission and the next caretaker government would have to make serious homework to work out their strategy to face such eventuality and come up with reasonably satisfying solutions. The quality of law enforcement prior to and during the election will depend significantly on the handling of this issue. One has to bear in mind the premature retirement of a number of public officials by the present government allegedly on grounds of partiality and unreliability. The acrimony amongst public servants, both serving and retired cannot be wished away. Proper law enforcement would compel a hard look at such unpleasant reality.

Deployment of armed forces personnel
The Deployment of Armed Forces personnel had without doubt a salutary effect on the election process in Bangladesh. However, there were occasions when the political government were reluctant to deploy Armed Forces personnel even after repeated requests from the Election Commission. There were differences of opinion even on the manner of their deployment between the two authorities. The Election Commission conducts and manages the national election with the support of caretaker government but the decision to deploy the Armed Services personnel for election including its timing rests exclusively on the President of the Republic who, however, will have the benefit of advice of the council of advisers and chiefs of the services.

Past experience indicate that while the immediate past opposition political party insists on Armed Forces personnel deployment one month prior to the actual holding of election, the outgoing political party that wielded power recommends deployment one week prior to the election day. The time and the manner of such deployment of the Armed Services personnel will come under intense public scrutiny during the next election. Prudent and efficient handling of this issue will have immense impact on the law enforcement. The Election Commission and the caretaker government will be hard-pressed to take appropriate decision on this sensitive aspect.

Some suggestions
For smooth and fair conduction of the national election, from a law and order standpoint, some well-thought suggestions are placed for consideration. Firstly, we may consider if the national election could be held over a staggered period of at least one week. In the intervening period prior to the actual counting of the votes, the ballot boxes may be kept at the Collectorate or the District Treasury under proper guard. If acted upon, this measure would greatly relieve the over-stretched enforcement administration and hopefully ensure better maintenance of law and order. Secondly, the urban areas of the country could be covered by voter ID distribution before the general election. This would undoubtedly lessen rigging of votes and facilitate smooth casting by genuine voters. Thirdly, the election-related malpractices and violations of electoral laws have to be dealt with sternly by teams comprising members of the judiciary in a demonstrable manner. In particular, the over-spending candidates may be debarred from contesting the election so that a level playing field is there for all concerned.

In the foregoing paragraphs an effort has been made to highlight some issues pertaining to the holding of fair election. Basic reforms of the caretaker government and the Election Commission demanded by some quarters may merit separate attention.

Muhammad Nurul Huda is former Inspector General of Police and Secretary to the government.