All's well that ends well

What led to the uncertainty in holding the forthcoming general election, when the previous general elections under the non-party caretaker government (CTG) were held largely peacefully, fairly and impartially?

The causes and circumstances that primarily led to these uncertainties are:

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• Increasing the retirement age of judges of the Supreme Court from 65 years to 67 years through the14th amendment (2004) to the constitution to make room for Justice K M Hasan, the secretary of the international committee of the BNP during the regime of President Ziaur Rahman, to become the chief adviser to the CTG as the last retired chief justice, ignoring the strong protest by the main opposition AL.
• Appointing Justice M A Aziz as the chief election commissioner (CEC), and two new election commissioners loyal to the BNP-led alliance ignoring the opposition parties' demand for appointment of the CEC and other election commissioners in consultation with the political parties.
• Khaleda Zia's backtracking from her proposal, made in the capacity of prime minister and leader of the house, in the 2006 winter session of parliament for constituting a bilateral committee comprising members of BNP and AL to discuss the proposals placed in the House by the leader of the opposition Sheikh Hasina for reforming the CTG, the Election Commission (EC) and the electoral laws, and instead holding a one-to-one dialogue between the secretary general of BNP and the general secretary of AL. This ended in complete failure primarily due to BNP's dictation to its secretary general not to discuss reconstitution of the CTG.
• The EC's failure to update the voter list in line with the High Court order, and the unusual rise in the number of voters.
• Following the refusal by Justice KM Hasan to head the CTG, the assumption of the office of the chief adviser by President Iajuddin Ahmed, in addition to his own functions, without exhausting constitutional options available for appointment of chief adviser, and his distancing himself from his colleagues in the advisory council and adopting the policy of going alone.
• Resignation of four members of the advisory council, who are outstanding personalities in their respective fields, over difference of opinion with the chief adviser, and rejection of the four new advisers by the AL-led combine alleging their leaning towards the BNP-led alliance.
• Going on leave of CEC MA Aziz only, and staying in office of two other controversial election commissioners in violation of the package deal.
• Declaring the election schedule early, without properly updating the electoral roll and printing and circulating it.

Thanks to a series of negotiations, for over one and a half months, between the council of advisers to the CTG and the two major political alliances, the advice and urgings from the civil society members and the media to the two major political parties, and the realization by the political parties that there is no alternative to election have helped overcome the crisis and create a favourable atmosphere for participation of all political parties and political alliances in the forthcoming general election.

Why an election? T. N. Seshan, a former CEC of India, summarizes the need for election in his book "A Heart Full of Burden" (1995). He writes: "An election is the only thing which produces checks and balances during the administration of democracy. An election is the only thing, which produces accountability. An election is the only method, which delineates alternative systems of policy ideas. It evaluates performance, it enforces accountability, it exposes the evils of society."

But one may ask whether a general election in Bangladesh really evaluates the performances of the party or the alliance that goes to power. Does an election in Bangladesh enforce accountability of the elected representatives and the government? Does an election really expose the evils of the society in general, and of the elected representatives in particular?

Politics in Bangladesh has become a lucrative profession. Election as MP brings power, money and influence. So, the question often asked by the people is: will it be possible to free the ensuing election from the influence of black money and muscle power to enable persons known for their honesty, efficiency and erudition to contest and win the election?

In order to help the voters to know about the background of the candidates and vote for the honest and efficient ones, the High Court on May 24 2005, directed the government and the EC to make it mandatory for the candidates of parliamentary elections to furnish certain vital information to the EC along with their nomination papers.

The personal information to be furnished by a candidate included, among others: (1) the candidate's educational qualification, (2) whether he/she is accused in any criminal case, (3) his/ her profession/occupation and source, or sources, of income, (4) statement of assets and liabilities of himself/herself and of his/her dependants, and (6) particulars of loan taken from bank/financial institutions personally, jointly or by dependents.

But the High Court order has recently (December 19) been stayed by the vacation bench of the Supreme Court. This has come as a great shock to the people in general, and the civil society members in particular. The members of the civil society expressed their frustration saying that the stay order will be convenient for the unscrupulous candidates with muscle power and black money to get elected. It will adversely affect the prospect for a transparent election and discourage honest persons to contest election.

To conclude, with the uncertainty of holding election to the 9th parliament with participation of all political parties and alliances being over, the onus is now primarily on the advisory council to the CTG, the EC, the field-level officials namely returning officers, assistant returning officers and presiding officers, and the law enforcing agencies to hold the election peacefully, fairly and impartially to receive acclamation from home and abroad. The famous saying goes: "All's well that ends well."

M. Abdul Latif Mondal is a former Secretary to the Government.