Editorial
Upazila Parishad ordinance
MPs' influence removed, but bureaucratic stranglehold remains
The upazila ordinance repealing the Upazila Parishad Act (UPA) 1998 awaits promulgation by the President. This will clear the course for holding upazila polls by the EC which will declare the schedules for election instead of the LGRD, or for that matter, the government, as used to be the case before.
The upazila ordinance has some forward-looking features. Significantly, one of the two posts of vice-chairmen to the Upazila Parishad will be reserved for woman. Individuals 'legally proven to be war criminals', loan defaulters, full-time and part-time government employees, convicted felons and fugitives from law will be debarred from participating in the election. Pending legal processes against accused war criminals which would be time-consuming, could we perhaps have names of such people put on a blacklist for election purposes drawn on the basis of their known track records?
What we find a radical improvement upon the past dispensation is the disempowering of the members of parliament (MPs). Under the previous law, MPs were given an advisory role over the upazila chairmen which was binding upon them. The fact that the MPs will no longer interfere in the decision-making on lucrative infrastructure contracts would stave off their partisan influence on the system.
That is one vital aspect of upholding the status and power of an elected body but for the fulfillment of its mandate over administrative and establishment matters, social welfare, planning, designing and implementation of local economic and social policies it must work autonomously without any interference from the executive. Our understanding is that the upazila nirbahi officer and the chairman, Upazila Parishad will work much the same way that the secretary and the minister do in a ministry.
That is on a day to day basis but our experience in a broader context has shown that there can be arbitrary exercise of authority from the central government over the Upazila Parishad. For instance, government could exercise arbitrary powers in dissolving a parishad or putting their members and chairmen under suspension or removing them from office, usually under political considerations. We understand one safeguard against such possibilities is built in to the disempowering of the MPs who were apt to play a partisan role. The other ought to be a hands-off policy of the government. But, of course, the local bodies' accountability should be to the relevant parliamentary committee.
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