HC issues rule on prohibition of party identity in local polls
Tuesday, 21 April 2015
The High Court (HC) issued a rule on Monday asking the authorities concerned to explain why the four rules prohibiting the use of symbols and identities of political parties in all local government elections, including the city corporation ones, will not be declared contrary to basic constitutional rights, report agencies.
An HC bench comprising Justice Kazi Rezaul Huq and Justice Abu Taher Mohammad Saifur Rahman issued the rule upon hearing a writ petition.
The writ also asked the authority to explain why the candidates of the local government elections will not be allowed to use the symbols of their political parties.
The Election Commission, Local Government Secretary and Law Secretary have been asked to respond to the rule within the next two weeks.
Four rules of City Corporation Electoral Code of Conduct, 2010, Union
Parishad Electoral Code of Conduct, 2010, Pourashava Electoral Code
of Conduct, 2010, and Upazila Parisahd Electoral Code of Conduct, 2010 prohibit the use of names and symbols of political parties, names and photos of political persons during campaign by the candidates of local government elections.
Chief executive of Bangladesh Sangskritik Mukti Jote Md Aminur Rahman filed the writ challenging the four rules with the HC.
Plaintiff's lawyer Md Uzzal Hossain said the four rules are against the freedom of speech and expression under Article 39 of the Constitution.
Although all elections were held along party lines, the last military-backed caretaker government amended the law making the local government polls non-partisan.
However, everything remained the same on the ground as parties continued to endorse candidates and their activists campaigned for the party-backed candidates.
This raised questions about the new non-partisan local government polls system.
Last year, Local Government Minister and ruling Awami League General Secretary Syed Ashraful Islam said he was in favour of partisan local polls.
He had hinted at amending the law to this end.
Prime Minister Sheikh Hasina, too, expressed similar opinion earlier this year. She said everything about the non-partisan local government polls were partisan.
"But they (the winners) don't have any liability since the polls are non-partisan. The party cannot take actions against them for their misdeeds.
"The local polls should be held along party lines like the general elections to ensure transparency and accountability," she told Parliament.