Fair election, Election Commission and its secretariat

All of us have therefore followed with great interest the clamour and confusion that have accompanied recent efforts by the Chief Election Commissioner to carry out the voter listing process. One must, in this context, also express one's admiration for the manner in which the Judiciary stepped into clarify certain basic functional principles associated with the coming election.

The current Chief Election Commissioner Justice MA Aziz could have done without the steps that he did undertake. He only surrounded himself with unnecessary debate. Till now, his application of Article 116(1) and his subsequent decisions have landed him only in disagreements. Like Justice Rouf and Justice Sadeq he has become controversial.

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Several important points have emerged through the High Court decision. One could summarise them as follows:

1. the Election Commission is to prepare a voter list based on the existing one instead of preparing a fresh electoral roll. In this context they will exclude the names of those who have since died or have been certified to be insane. The electoral rolls for the next general elections will have to be prepared by way of addition, exclusion and revision to the existing rolls in accordance with Sections 6, 7 and 11 of the Electoral Rolls Ordinance, 1982. This connotes that the voter list shall include all persons who have since reached the age of eighteen;
2. henceforth, the Election Commission members, including the CEC are expected to take decisions on the basis of meetings and discussions and not through the exchange of notes or airing of views through interviews with the media. It was also observed in this regard that the Election Commission, constituted under Article 118 of the Constitution, is a composite and collective body having the power to discharge its functions independently, where decisions need to be taken collectively on the basis of minimum majority;
3. a fair voter list is the pre-requisite of a free and fair election and if any confusion is created in the public mind in this regard, the Election Commission will be deemed to have failed in discharging its responsibilities;
4. the Election Commission will prepare a voter list without entertaining the demands of any particular political party or parties and
5. the right of a voter to be retained or included in the voter list does not depend on his having to be present when the enumerator goes to his residence. The enrollment of the absentees can be done subsequently even though they were absent when the enumerator visited the residence.

One can only hope that the guidelines provided by the High Court will be followed.

One must understand the seriousness of the situation. We already have a very volatile state of affairs in our political horizon. We do not need to exacerbate the problem. We need to remember that disenfranchisement of any sort can only be construed as a deliberate theft and robbery of the victim's rights as a citizen. It is the withholding from him of his protection against mis-governance.

This judicial intervention was required given the reports of serious anomalies that were surfacing in the media.

It all started with claims that on the very first day, the 1st of January, sixty per cent of the enumeration of the voter list had been completed. Given the fact that 3,00,000 enumerators had been appointed unilaterally, and on the basis of a certain political slant, the whole purpose of the exercise immediately became questionable. Then came disquieting press reports in the media that the fresh electoral rolls being prepared in Chittagong was deliberately neglecting the Hindu religious community. Various civil societies also remarked that this particular community was being studiously ignored. The Election Commission tried to explain away their lapses but it was clear that their arguments were less than credible. Commenting on this scenario, many analysts opined that such an approach with regard to the Hindu community was deliberate given the belief among certain quarters of this section being essentially a vote bank for secular parties such as the Awami League.

It was also apparent from reports originating from Barisal that enumerators and the powerful people behind them were deliberately undermining the democratic process by enlisting names of ruling coalition supporters and ignoring those inclined to support the opposition. This only made things that much less transparent.

Such an emerging scenario, quite understandably, led Sheikh Hasina, the Leader of the Opposition to observe that "from the attitude of the CEC and the government, it appears that none but their party people have the right to become a voter or be enlisted in the voter roll". Accordingly, it was urged, "the government should stop the work for preparing deceptive voter lists." It was also made clear that if this were not done, the people would oppose it.

The moral victory now needs to be properly implemented. The Election Commission and its Secretariate have to carry out the task assigned to them with sincerity. This will include the training of the relevant personnel, the enumerators in completing such updating with precision.

The first step will require the providing to these enumerators of the existing voter list so that they can make this the starting point for any alteration. It also needs to be remembered that according to the electoral rules, the forms to be used to revise a voter list should be different from those for preparing a fresh voter list. Subsequently, a draft of the corrected, revised list will have to be published to ensure that there has not been any lapse.

We do not have too much of time in our hands. The revision will therefore have to be undertaken and completed in a disciplined manner. If necessary, the Election Commission and its Secretariat should form committees composed of representatives of the important political parties at the village level in the rural areas and at the Ward level in the urban areas. This will expedite such revision and will facilitate the preparation of a comprehensive, all-inclusive and accurate electoral roll.

The Election Commission should also work as a Commission and not on unilateral basis.

We have a historic opportunity. Our Election Commission must prove that they are as good as the Election Commission that is in India. The recent election in Bihar in that country, has demonstrated what a strong and independent Election Commission can achieve.

We need to remember that proper revision of the voter list will not only help us during the next general election but also during other elections planned in the future. This will include the city corporation elections, the municipality elections and the union council elections. The Election Commission and all those involved in the process can either abide by the decision of the Court or face charges of contempt and also the wrath of the people.

Muhammad Zamir is a former Secretary and Ambassador who can be reached at mzamir@dhaka.net.