Number of cases over election disputes insignificant

The number of cases filed with election tribunals involving local and national elections is insignificant given the volume and nature of allegations of vote rigging and irregularities in recent years.
The opposition Bangladesh Nationalist Party (BNP) has so far filed 100 cases with the High Court (HC) after the 2018 general election citing anomalies countrywide.
A total of 1,507 cases related to election disputes have been filed with election tribunals, according to data available with the apex court.
Of them, the Supreme Court (SC) data revealed, a total of 115 cases were filed until September 2023.
Under the Representation of the People Order (RPO), it is stipulated that cases should be filed within 45 days of the announcement of election results.
However, the tribunals have the discretion to extend this deadline based on valid reasons.
The Awami League (AL) emerged victorious in the 2018 parliamentary election, although the main opposition alliance rejected the polls, alleging vote rigging.
Elections to the 350-member Jatiya Sangsad were held for 300 seats, with an additional 50 seats reserved for women.
Soon after the polls, the BNP at a press conference on 31 December 2018 rejected the results and said their six elected candidates would not take oath.
The party cited ballot stuffing and the removal of opposition agents from voting centres as reasons behind their rejection of the polls.
However, the six winners and one woman in the reserved seat later took oath as members of parliament (MPs).
On 10 February 2019, the BNP decided to file election-related cases with election tribunals, alleging 'irregularities' and 'vote rigging' in the polls.
Sixty-four candidates from 64 districts were supposed to file cases with the HC, presenting misdeeds, violations of law and attacks by law-enforcement agencies.
Sayrul Kabir Khan, assistant press secretary to BNP chairperson Khaleda Zia and member of BNP media cell, said nearly 100 cases were filed related to the 2018 general election.
Acknowledging the number of cases filed insignificant, he said: "We should file more cases but we couldn't lodge for fear of harassment, intimidation and threat."
"The reality is the possibility of getting a remedy and yielding a positive result by the tribunals concerned is little. Even we have no faith in the current judiciary," he added.
"We became discouraged from filing more cases as the present judicial system is fully politicised. Another important factor is almost all candidates face a huge number of cases. Some are facing several hundreds of cases."
"So, with such a huge number of cases, candidates don't dare file cases related to vote rigging," cited Mr Sayrul.
"The people don't recognise the AL-led government as legitimate as the 2018 parliamentary election was farcical and held at midnight."
Barrister Ruhul Quddus Kajol, who filed 36 cases on behalf of his clients from the BNP with the HC, also acknowledged the inadequacy of the number of cases.
He said the small number did not reflect widespread vote-rigging allegations made nationwide after the parliamentary election.
A major obstacle to seeking legal redress was lack of trust in the judiciary, especially among candidates affiliated with the opposition BNP, he pointed out.
Mr Kajol, former secretary of the Supreme Court Bar Association, revealed that most BNP candidates lacked faith in the judicial system, leading them to abstain from pursuing legal recourse.
Surprisingly, even after filing cases, there has been no settlement. No hearings taking place following petitions filed with the HC, the lack of progress and perceived absence of remedy discouraged those involved from actively engaging with the legal process.
The prevailing sentiment of distrust in the judiciary among BNP candidates has contributed to the low number of cases filed, he added.
Dr Badiul Alam Majumder, secretary, Shusashoner Jonno Nagorik, said the number of cases by the BNP after the national election in 2010 was not significant.
However, very few cases related to election disputes were settled by the HC earlier, he said, adding that aggrieved candidates seldom sought to take legal resort as they believed that they would not get positive outcome from the court or expected remedy.
"The parties whether national or local government elections who have allegations should take resorts to court without any hesitation or thinking about negative outcomes," commented Mr Majumder.
On 01 January 2019, Jatiya Party (JP) secretary general Moshiur Rahman Ranga at an event said his party leaders were displeased with the outcome of the recently concluded general election.
JP was then a major ally of the AL within the grand alliance.
At the event chaired by SM Faisal Chishty, president of JP Dhaka north chapter, Mr Ranga said, "…We won 22 seats. However, we underwent oppression during polls and no agent was allowed in some places. Nevertheless, overall, the election was conducted fairly." However, on October 24, JP central office secretary MA Razzak Khan said the party had not filed any lawsuit regarding anomalies over the 2014 and 2018 national elections and local polls since 2018.
He upheld the belief that remaining silent was a more prudent approach, saying: "One cannot safeguard democracy by resorting to legal action."
According to AL joint general secretary Mahabubul Alam Hanif, candidates participating in national and government elections often make unfounded, fictitious and imaginary allegations after the elections.
He said, "They cannot provide any proof or evidence related to the elections. Hence, they cannot approach the respective court seeking redress."
"It's a historical fact spanning 100 years in our country that defeated candidates consistently attempt to level allegations against any election concerned, be it national or local government."

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