To avoid malpractice and manipulation of any kind in the election process to ensure free and fair election, the EC, under article 92B of the RPO, formulated the Election Code of Conduct (ECC) 1996 for the observance of political parties and contesting candidates. The salient features of the ECC are:

• Banning subscription, donation etc. to any institution by any candidate or by any person on his behalf following the announcement of the election schedule till the day of polling.
• Giving equal rights to all parties and candidates to use government dakbungalows, rest houses and circuit houses on the basis of the application made first and in accordance with the existing rules for using the same and not using them as places for election campaigning.
• Giving equal rights to all political parties and candidates with regard to election campaign, meetings, processions and other election campaigns.
• Informing the local police administration of the date, time and venue of the proposed holding of meeting by any contesting political party or candidate.
• Holding no public meetings on any road or street without the permission of the appropriate authorities.
• Using no government media, officials or transport or other state facilities by any candidate or political party or anybody on their behalf following the announcement of the election schedule.
• Sticking no posters, leaflets or handbills over those of the rival candidates.
• Printing posters for election campaign on black and white colour paper manufactured in the country.
• Refraining from all sorts of wall writings as a means of election campaign.
• Bringing no procession of buses, trucks or any other vehicle in favour of any contesting candidate.
• Setting up no election camp on any road or place meant for the use of the public.
• Using not more than three microphones by a candidate in his constituency.
• Prohibiting use of motorcycle or any other mechanical transport and firearms or explosives within the premises of the polling stations.
• Keeping election free from the influence of money, arms and muscle power.
• Forbidding government officers to illegally interfere in the election process.
• Keeping the election expenses within the limit fixed by the RPO.

Violation of any provision of the ECC shall be considered as pre-poll irregularities and any person or political party aggrieved by such violation may apply to the election enquiry committee or the EC seeking redress. The election enquiry committee, after making investigation as per relevant provisions of the RPO, shall submit its recommendations to the EC.

Although the election observers, both national and international, opined that parliamentary elections held under the caretaker governments had been "free and fair," they, however, reported flagrant violation of the ECC by the political parties and candidates during pre-poll days.

They reported that during the 2001election period in about 42 percent of all constituencies there had been violations of the ECC by the parties and/or candidates. In almost 21 percent of all constituencies, candidates and/or parties distributed money or gifts.

The incidents of violations included use of motorized vehicles, blocking of roads for meetings, using microphones beyond stipulated numbers and hours, writing graffiti in walls, distribution of coloured leaflets, handing out money in the form of subscription and donation, distribution of T-shirts, donating TV sets to the local clubs and organizations and use of state facilities.

Quoting a report from the daily Ittefaq of October 1, 2001, the coordinating council for Human Rights in Bangladesh (CCHRB), a major election monitoring group, in its Report on the Eighth Parliamentary Elections-2001, has stated that the EC issued notices on 230 candidates including Awami League president Sheikh Hasina, BNP chairperson Begum Khaleda Zia, Jamaat-e-Islami Amir Motiur Rahman Nizami, Jatiya Party (Monju) chief Anwar Hossain (Monju) and some other prominent leaders for violating the ECC.

Similarly, in the parliamentary election of June1996, the EC warned candidates of different political parties for the violation of the ECC. According to fair election monitoring alliance (Fema), another major election monitoring group, on May 26, 1996 the EC warned five candidates of major political parties for violating the ECC. The candidates were three from AL, one from BNP and one from Jamaat-e-Islami. More instances may be cited. The action of the EC was, however, limited to serving notices and warnings to the violators of the ECC.

Experiences of the past general elections, including those held the CTGs after the framing of the ECC-1996, stress on the need for reviewing and updating the ECC-1996 to avoid malpractice and manipulation of any kind in the election process during the pre-poll days. To this end, following suggestions are made for consideration of all concerned.

• It needs no repetition that candidates contesting parliamentary elections are required to spend huge amount of money for holding public meetings at various strategic places in their constituencies. The central leaders, including the chief of the party, which nominate them to contest the elections, address some of these meetings. This entails huge expenditure on the candidates concerned. In order to avoid the huge expenses, only indoor meetings may be allowed.
• The contesting candidates may print leaflets containing therein election manifesto of their respective party and the candidates' commitment to implement the party manifesto, if voted to power.
• The contesting candidates or their supporters may use microphones soliciting votes in their favour. House-to-house visits by the contesting candidates or their supporters soliciting votes may not be allowed. Such visits give scope for handing out money and/or gifts to the household chiefs or influential persons of the locality in lieu of support to the candidates concerned.
• Holding of processions in favour of the contesting candidates may not be permitted in view of the fact that most of the clashes between the supporters of the rival candidates in a constituency result from such processions.
• The EC with the co-operation of the local administration will organize projection meeting of the contesting candidates in a constituency at the upazila/thana headquarters to be largely attended by the voters.
• The ECC 1996 is not a law and, therefore, not legally binding. The Electoral Act 1998 of South Africa contains an Electoral Code of Conduct aimed at promoting conditions that are conducive to free and fair elections and that create a climate of tolerance, free campaigning and open public debate. Party candidate lists submitted must be accompanied by undertaking binding the party, its agents and its candidates to adhere to the provisions of the code and failure to do so creates the risk of candidates being disqualified. Following the South African example to the extent possible, the ECC 1996 shall be made an integral part of the RPO 1972.
• There should be a strong monitoring committee in each district to monitor election expenditure of candidates from the date of declaration of nomination of candidates valid till the completion of elections. If in the opinion of the monitoring committee concerned a contesting candidate exceeds the limit of election expenses, his candidature may stand the risk of being disqualified.

There are no two opinions that the nation wants a peaceful, free and fair election to the 9th parliament. The political parties, in particular the major political parties, should extend their cooperation to the CTG and the EC to attain this objective. While the discussion between the EC and the political parties for reforming electoral laws should start without further delay, the CTG should create conditions for holding open public debate on the issues relating to reforms in the electoral laws and fixing the time-frame of election to the 9th parliament.

M Abdul Latif Mondal is a former Secretary to the Government