Needed: Electoral reforms for fair polls

As crimes in every society have changed its nomenclature, modes and modalities, so is election rigging in many emerging democracies including Bangladesh. Samuel P Huntington (1968) in his book Political Order in Changing Societies wrote, "Political corruption correlates reasonably well with rapid social and economic modernisation". The countries of South Asia are rapidly changing. Hence, corruption is found in elections and other aspects of socio-political life.
In Bangladesh, the electoral situation has formed a black chapter about the whole system. Indifference, fraud, corruption and violence have marked our electoral system. Almost all newspapers of the country published reports after the recent elections suggesting that there was widespread election fraud, evidenced by a large number of photographs.
On the recent city polls, a widely circulated national daily quite aptly titled a report "Awami League has won, democracy has been defeated." The same daily made a headline 'Nirbachan Bebasta Tasnas" (electoral system utterly spoiled) after upazila parishad elections in 2014.
The fraudulent practices have taken many shapes now. These include: (i) purchasing candidature, (ii) spending a huge amount of money in various ways, (iii) influencing, gaining over and intimidating polling personnel, (iv) controlling the law enforcers, (v) hiring and using hooligans and terrorists, (vi) stuffing ballot papers at night before the poll day and during the poll day by gaining over or forcing the polling officials, (vii) driving out polling agents of rival parties or candidates from election centres, (viii) allowing party in power and barring opposition parties to run election panels beyond specified distance of polling centres, (ix) use of uniforms of auxiliary force falsely by party cadres, (x) one-eyed attitude of officials responsible for maintaining order and discipline in the polling stations, and etc. During and after elections, we hear about all such fraudulent practices. But no serious attempt in terms of rigorous study about these allegations has yet been made by any quarter such as the Election Commission (EC), the government, development partners or any election observation group.
The EC usually comes under fire when allegations of fraudulent electoral practices are reported in the press or submitted to the Commission. When it cannot redress the grievances or behave like a toothless and nail-less tiger or claims 'free' and 'fair' elections in spite of allegations, the fury is aggravated and the trust in it is lost. Such a perception is prevailing now in Bangladesh.
Like other countries of the sub-continent, Bangladesh has important election laws, rules and codes of conduct. The Representation of the People Order (RPO), 1972, the Election Officials Act, 1991 and the Election Code of Conduct for various elections are in operation in the country. Above all, there is the Constitution of the People's Republic of Bangladesh. There are stringent provisions for punishing the corrupt practices and offences relating to elections. But no visible compliance of these legal actions was found recently.
In South Asia, India has a long tradition of democracy. Chief Election Commissioner of India T.N. Seshan was a legend. This writer did not have the opportunity of interaction with him directly. But he had the opportunity to meet Seshan's successor Dr M S Gill and election commissioner Dr Krishnamurti in New Delhi in February 1997. The writer was on a study tour with Bangladesh election commissioner Mushtaq Ahmed Chowdhury. Dr Gill, along with Dr Krishnamurti, appreciated the introduction of caretaker government in Bangladesh. During our official meet in New Delhi, Chief Election Commissioner Dr M S Gill (a former cabinet secretary of India) underscored the need for a caretaker government in India like that of Bangladesh for free and neutral elections. Although no demand for a caretaker government was made in India until that time, the wave of such a demand might pass rapidly to Islamabad via New Delhi. Dr Krishnamurti added with a quote of Gokhale, "What Bengal thinks today, India thinks tomorrow".
Dr Gill added further, "There is no other way but to proceed towards a new system like that of Bangladesh when the relationship between the ruling party and the Election Commission deteriorates."
Although India has not yet experimented with the idea of caretaker government, both Nepal and Pakistan have tested it. Even in Greece, the birthplace of modern democracy, the last general election was held under a caretaker government.
Bangladesh, which introduced such a government in 1996 after a protracted political struggle led by the present ruling party, has now lost the system. It was abolished by the same party through the 15th amendment to the Constitution. Accordingly, the parliamentary election of January 05, 2014 was held under a party government which was boycotted by the major opposition political party. Now January 05 election is called 'Victory Day of Democracy' by the ruling Awami League and a 'Democracy Killing Day' by the BNP-led 20 party alliance.
The recent polls to three city corporations in Dhaka and Chittagong were a test case for the government and EC of Bangladesh. Now there is a hue and cry for reforms of the whole electoral system. The civil society is demanding it. The European Union has asked for it. Even ex-chief Election Commissioner ATM Shamsul Huda called for such a move.
Electoral reforms are a pre-requisite for an effective democratic system where people can exercise their fundamental right of universal franchise. These principal actors are: (i) the Election Commission, (ii) the government and (iii) the political parties and the candidates. Since the loopholes in the electoral system are surfacing every time, reforms are urgently needed. It is urgent that the civil administration, including law-enforcement agencies, is kept neutral during elections and safety and security of the polling personnel be ensured. The reforms should clearly say  what immediate punishment the EC can award to any violator. These should include what the voting system should be and what action can be taken against Election Commission itself for not performing its constitutional or legal responsibilities. Discussions should be started immediately. Many issues, however, can be solved with the re-introduction of the caretaker system. Some issues concern the relationship between the Election Commission and the government. Other issues are related to control of activities of ministers, MPs and others during election period. There is a big question over the role of the Election Commission itself.
Reforms are needed so that people can exercise their rights of universal franchise in a free and neutral environment. The effective initiative of the Election Commission and the sincerity of the government are required for the purpose. Civil society should go on pushing for such reforms.
The writer is an economist & columnist.
chowdhuryjafar@ymail.com