Polls under political govt and truly independent EC

Caretaker governments conducted the parliamentary elections in 1996, 2001 and 2008. The 13th amendment to the constitution was passed in the parliament making provision for the caretaker arrangement. These three elections were comparatively free and fair compared to all other polls held under party governments in the country after independence.   
Finding the caretaker system effective in Bangladesh to hold credible elections Pakistan and Greece have also adopted this model to hold national polls and overcome respective political stalemate.
The system was introduced in the country after a massive political movement by Awami League (AL) aided by Jamaat-e-Islami. Sheikh Hasina's party AL and Jamaat enforced hartal for about two hundred days to compel BNP government led by Khaleda Zia to accept their demand in 1996.
Surprisingly Prime Minister Sheikh Hasina's government abolished the caretaker system on June 30, 2011, through the 15th constitutional amendment allowing general elections under elected partisan government.
Why did Hasina take such a decision?
She found the system undemocratic since some unelected people are given the charge of holding election and said in democratic countries election is held under the incumbent government.  I think the decision to scrap the system was good, but unfortunately the intention behind the decision was not good at all.
When BNP-backed mayoral candidate Manzur Ahmed defeated Awami League (AL)-backed ABM Mohiuddin Chowdhury, the former mayor, in the Chittagong City Corporation polls held on June 17 in 2010, Hasina's government got the first message that things have gone wrong.  Mohiuddin Chowdhury was defeated despite the fact that he did commendable jobs during his previous tenure as mayor. People did not cast votes in favour of him for some misdeeds of the AL government. The adoption of the 15th constitutional amendment on the plea of the Supreme Court verdict on caretaker issue was the outcome of the worries.
The BNP-backed challengers later routed the AL-supported mayoral aspirants in all four city corporation elections held months back -- the defeat served as a note of warning to the ruling quarters ahead of the general elections. BNP leaders Ariful Haque Chowdhury, Ahsan Habib Kamal, Mosaddeque Hossain Bulbul and Moniruzzaman Mani were elected mayor in Sylhet, Barisal, Rajshahi and Khulna respectively. All the AL leaders, defeated by big margins, had served as mayors of the four cities in the previous term. The same was the case with Gazipur City Corporation election.
After such heavy defeat Prime Minister Sheikh Hasina did not dare to reverse her decision on caretaker system despite financial and all other losses caused by the 18-party alliance's blockade and hartals.
 The Appellate Division of the Supreme Court released its full verdict on September 17, 2012 declaring illegal the constitutional provision for a non-party caretaker government system.
All seven judges of the apex court bench that delivered the historic judgment over 16 months ago put their signatures on the full text.
Of the seven judges, four -- former Chief Justice ABM Khairul Haque, Chief Justice Md Muzammel Hossain, Justice SK Sinha and Justice Syed Mahmud Hossain -- were in favour of declaring the caretaker provision unconstitutional; two - Justice MA Wahhab Miah and Justice Nazmun Ara Sultana -- were for keeping the provision; and one -- Justice Md Imman Ali -- expressed the view that the matter should be left to parliament.
In the full text, the former chief justice Khairul Haque observed that the caretaker government system, though illegal, might be kept to oversee two more parliamentary elections, provided the Jatiya Sangsad decided to that end.
However, the apex court's verdict triggered widespread controversy, as many jurists and politicians termed it as self-contradictory. Many had feared the verdict would deepen the political crisis. Amid growing public concern, almost all who attended the hearing in the parliamentary special committee on constitutional amendment had opted to keep the provision by bringing in a few changes. But Prime Minister Sheikh Hasina alone did not agree with the opinions of the special committee, finally. Before the Supreme Court released the copy of the full verdict, her government abolished the caretaker government system by amending the constitution.
The judgment delivered by former chief justice ABM Khairul Haque and others was very good one. On the one hand, it would have been a controversial one if the court had cancelled the caretaker government system for ever, on the other, it would not have been wise also to continue with this system for long. So, two term elections under this system was a wise decision as during that period Election Commission (EC) would become stronger enough to hold the next elections in a free and fair manner. However, the government's willingness to make the EC strong would matter most.
Putting cart before the horse: "Our democracy is still at its infancy to run a national election under a political government, though this is the normal procedure in most democratic countries. Unfortunately our political leaders have failed to agree on an acceptable formula. In this situation few more elections under non-political system is a must to avoid conflicts among the people," said Mayen Uddin Tazim, former Advisor of UNDP, after the 15th amendment to constitution.
The EC drafted the code of conduct for political parties and candidates. The commission finalised the proposed code barring the very important persons (VIPs) among the government beneficiaries from availing themselves of state facilities in electioneering once the election schedule is announced. But it cannot be said any breach of the electoral code has not happened.
The PM said more than once in different meetings and seminars across the country that EC was capable of holding free and fair polls. We all know the EC conducted free and fair polls to different local government bodies with its own manpower. So, why did the government appoint Deputy Commissioners (DCs) as returning officers bypassing the EC's own staff at the district level?
Surprisingly the EC did not protest the government decision of appointing DCs as returning officers. Even the government did not clarify the reason for taking such a decision. However, EC officials protested the decision and gave an ultimatum for reverting it. EC officials also announced a programme to lay siege to the EC secretariat. But they did not observe the programme for unknown reason.
India is the largest democracy in the world. Since 1947 free and fair elections have been held at regular intervals arranged by Election Commission as per the principles of the constitution and electoral laws. The constitution of India has vested in the commission the superintendence, direction and control of the entire process for conduct of elections to parliament and legislature of every state and to the offices of president and vice-president of India.
The gigantic-task force put in place for conducting a countrywide general election in India consists of nearly five million polling personnel and civil police forces. India, England, Australia, New Zealand and all other democratic countries have empowered their election commissions to hold free and fair polls. Is our EC strong enough to hold any credible election as is held in those countries?  
It remains the responsibility of the government to make the EC strong and independent to hold free and fair polls.  
So, we have to provide our EC with all logistic supports like those in India and other democratic countries to make it strong enough to hold free and fair election even under a partisan government.   
Emdadul Haque is Shift-in-Charge (news)
of the FE. He can be reached
at: [email protected]