Abu Jakir :
As Bangladesh moves toward the general elections scheduled for February, a renewed debate has surfaced over whether BNP’s exiled acting chairman Tarique Rahman can be enlisted as a voter — and whether this would enable him to contest the polls after more than 16 years abroad.
The discussion intensified on Friday after Attorney General Md Asaduzzaman said it was “irrelevant” to question Tarique’s voter status, arguing that his intention to contest the election presumes he remains a Bangladeshi citizen with full electoral rights.
“Since he has sought to run in the election, it must be assumed he is a citizen and a voter of Bangladesh,” Asaduzzaman told reporters in Jhenaidah after attending the founding anniversary of Haji Kalyan Sangstha.
Tarique not a voter yet — but can be any time before polls Election Commission (EC) Secretary Akhtar Ahmed recently confirmed that Tarique Rahman’s name does not appear in the latest voter roll.
“To my knowledge, he has not [been listed],” he said. The EC published the final voter list on November 18, which allows only those registered by October 31 to cast their ballots.
However, Akhtar emphasised that the Commission retains sweeping authority to add eligible citizens even after the final list is published.
“If the Commission decides, he can register and run as a candidate. Legally, the Commission has this authority,” he said. What the Voter List Act says
The Voter List Act 2009, especially Section 15, grants the Election Commission broad discretionary powers. At any time, the Commission may order:
(a) inclusion of the name of any person qualified to be on the voter list;
(b) removal of a deceased or disqualified person;
(c) Correction of any errors or omissions.
Section 7 of the Act outlines the qualifications for being listed as a voter. A person must:
be a Bangladeshi citizen; be 18 years or older; not be declared of unsound mind by a court; be a resident of the relevant electoral area; not be convicted under the Bangladesh Collaborators Order, 1972; not be convicted under the International Crimes (Tribunals) Act, 1973.
EC officials note that candidates must submit valid voter information when collecting and filing nomination papers and must present proof during scrutiny.
What the Citizenship Act says
Under the Citizenship Act, 1951, citizenship by birth is guaranteed to anyone born in Bangladesh, except when: the father enjoys immunity as an envoy of a foreign power and is not a Bangladeshi citizen; or the father is an enemy alien and the birth occurs in enemy-occupied territory.
Why Tarique was never enrolled
Tarique Rahman, the son of former Prime Minister Khaleda Zia, was arrested on corruption charges on March 7, 2007.
After his release in 2008, he travelled to London for medical treatment and has lived there since — a prolonged absence that prevented him from completing biometric voter registration introduced nationwide in 2007–08.
His wife, Zubaida Rahman, was able to register upon returning to Bangladesh following the recent political changes. Khaleda Zia became a registered voter on November 29, 2008.
A political and legal test case
Tarique’s potential candidacy has become a contentious issue in the run-up to the February election. While the EC’s legal framework gives it clear authority to enrol him even now, questions persist about residency requirements and the feasibility of registering voters living abroad.
The Attorney General’s remarks, combined with the EC’s discretionary power under the law, suggest that — at least legally — the door remains open for Tarique Rahman to be added to the voter roll and contest the upcoming election, should the Commission choose to act.
