New RPO ordinance revises postal ballot rules, expands judicial powers

FE Team | Published: December 09, 2025 22:28:36

Bangladesh has issued a gazette amending several articles of the Representation of the People Order (RPO), bringing changes to postal ballot counting, the powers of election officials, and the authority of the judicial committee, reports bdnews24.com.
The changes have been made ahead of the 13th parliamentary election and the referendum, expected to take place on the same day in February next year.
The ordinance replaces clause 10 of Article 27 with specific grounds for rejecting postal ballots.
A new sub-section, Article 37(37A), outlines a dedicated procedure for counting those ballots.
When postal ballots will be cancelled
Under the amended provision, a postal ballot will be rejected if:
No tick or cross mark is placed against a symbol
More than one symbol is marked
The mark is unclear and the voter's choice cannot be reasonably determined
The returning officer receives the ballot after counting has begun
A court changes the list of candidates in that constituency
The voter does not submit the required declaration
How postal ballots will be counted
The returning officer's office will function as a polling station solely for counting postal ballots.
A presiding officer and polling officers will be appointed to conduct the count.
In the presence of contesting candidates or their polling agents, the presiding officer will open the envelopes and count the ballots following the Election Commission's prescribed procedures.
Afterward, a certified statement will be sent to the returning officer, who will add the results to the consolidated tally of the constituency.
Declaration of results
Article 39 of the RPO has also been amended. Accordingly, after counting is completed, the returning officer will issue a public notice declaring the candidate with the highest number of votes elected.
The notice must list each candidate and the total votes they received.
Mandatory assistance in investigations
A new provision, Section 89A, makes it compulsory for relevant authorities to assist investigators appointed to election duties.
The superintendent of police, police commissioner, chiefs of local police stations, and commanders of security forces deployed for election duty must provide the investigating officer with all necessary support, including a striking force if required.
Failure to do so without reasonable cause will be treated as incompetence or misconduct.
Returning officers and assistant returning officers are also required to provide full cooperation.
Expanded powers for the judicial committee
The ordinance grants the election investigation and judicial committee enhanced authority.
Through an amendment to Article 91A, the committee now has the jurisdiction to conduct summary trials for specific offences and exercise the powers of a first-class magistrate under the Code of Criminal Procedure.
The committee may take cognisance of certain offences and forward cases to the appropriate court when necessary.
The assistance requirements under Section 89A will also apply to the committee, binding police and election officials to cooperate fully.