Aspirations about national election’ 2023

Barrister Kamruzzaman Shadhin :
Bangladesh has gained attention internationally ahead of its next 12th parliamentary election. In particular, the UK and the US have voiced their opinions about the election they would like to see in 2023. The US ambassador stated The US wants a free and internationally accepted election in Bangladesh.
Bangladesh’s most recent three national elections were held in 2008, 2014, and 2018. Only the 2008 election of these three received much praise. Why did the two elections in 2014 and 2018 receive negative attention at home and abroad? The answer is probably, elections under an elected government. The ruling party Awami League wants to hold another election under its regime in 2023. Therefore, a deep concern has been expressed regarding the fairness of the future national election in 2023. Will this election be as contentious as those in 2014 and 2018?
A new election commission has already been formed following the law governing election commission formation, and Kazi Habibul Awal leads them. The question is whether Bangladesh will once again experience democracy-free elections.
However, Bangladesh Nationalist Party (BNP)’s main opposition is that fair elections cannot be held without a caretaker government. BNP secretary-general Mirza Fakhrul Islam Alamgir, described his party as an election-focused party and stated, “We believe in elections. We require fair, impartial, and acceptable elections if we intend to participate in that election. Mirza Fakhrul added that despite all the unrest in Pakistan, there is still an interim government in charge of elections”.
The late Akbar Ali Khan, an advisor to the previous caretaker government, also asserted that if elections were held under a political administration, the executive branch could not deviate from the scope of the government’s authority. Because of this, Bangladesh’s Election Commission cannot hold free, fair, and impartial elections on its own in the current political climate.
The newly established Awal Commission may have a significant role in analysing the two recent controversial national elections. To draw the appropriate lessons from it and guarantee the correct application of the nation’s existing election laws, creating a level playing field for everyone is necessary. Analyse the inadequacies and failings of the last two election commissioners so that they might be remedied in the future.
There are sufficient laws for free elections in Bangladesh that need correct application. Elections are frequently in doubt as a result of improper law enforcement. Election-related activities for law enforcement and government personnel should be appropriately regulated. Additionally, 90 sections of RPO must be correctly followed for a political party to be registered. The Election Commission is a constitutionally protected, autonomous organisation. All of the individuals that joined this commission have extensive administrative experience. The Election Commission should be unbiased and ensure that everyone involved in the election operates impartially.
Despite its best efforts, the Election Commission cannot ensure free, fair, and inclusive elections if law enforcement, public administration, and political leaders do not work together. The powers granted to the Constitution and Law Commission must be used, despite any challenges or setbacks. Unfortunately, despite 50 years of independence, the politicians in Bangladesh have unable to establish an agreement on how to conduct elections. Bangladesh’s political leaders struggled to protect the people’s right to vote when they were out of power; when they came to power, they continued their various attempts to deprive people of the right to vote. Almost all the laws and regulations that aim for fair elections have been nullified.
Regarding the Bangladeshi National Elections in 2023, the Chief Election Commissioner has requested media collaboration. The media participates in elections as observers with numerous groups. However, election-focused media in Bangladesh has drawn criticism. Questions remain regarding the Bangladeshi media’s ability to remain impartial during the national elections. However, the press must release accurate information that comes to them. State media outlets and the Information Department should also play a moral role.
Finally, the Election Commission’s primary responsibility is to ensure that the election is fair. However, the 2023 elections in Bangladesh are still somewhat uncertain. Recently, newly appointed Chief Election Commissioner Kazi Habibul Awal said that achievement could be gained if 50 to 60 per cent of people approve of the election. He also believes that winning an election with a 100 per cent margin of victory is impossible. The general public becomes frightened if the Election Commission continues to aspire for 50-60 per cent vote acceptance because some might believe that the new commission has already surrendered itself to the current government.
A democracy must have free and fair elections. Our democratic process has been severely harmed by the failure of the past two election commissions to ensure it, with the general public becoming disinterested in the electoral process and significant political players losing faith in it. The Election Commission needs to increase trust with the populace and the political parties to recover from this circumstance. They must work to deliver a free, fair, and participatory election acceptable to everyone. But if the new Election Commission wants to succeed, it must veer away from the old path taken by its predecessors.

(The writer is Advocate, Bangladesh Supreme Court).