Since the newly formed interim government has taken charge, emergence of an impartial democratic governance has become the sine qua non for restoration of public trust in the electoral system. Since August 5, in a significant overhaul of the local administration, the interim government dismissed 876 elected representatives nationwide. To fill these positions, administrators were appointed in 61 districts, 495 upazilas, and 330 municipalities, largely replacing those who had served under the previous Awami League (AL) government. In addition to the removal of seven previously appointed municipal administrators, 323 municipal mayors were also dismissed.

The administration is also being shaken up with at least five mid-ranking police officials, who were arbitrarily dismissed or sent into forced resignation during the tenure of AL, being reinstated. The chief justice, five justices, top police officials, and the central bank governor—all have gone into retirement, yet there has been no change in the bedrock of the country's democratic governance i.e., the Bangladesh Election Commission (EC).

Read more

The alterations we need in our Election Commission

Questions have been raised about the current Chief Election Commissioner (CEC) Kazi Habibul Awal and his colleagues, following the fall of Sheikh Hasina's government. Despite his overseeing the 2024 general election, widely criticised for irregularities and bias, the CEC continues to hold his position at a time when the growing national sentiment is that a new, impartial EC is essential to restore confidence in the electoral process.

Over the past 53 years, Bangladesh has struggled to build a strong electoral system. While elections overseen by caretaker governments since the transition to parliamentary democracy in 1991 were generally considered to be free, fair, and participative, those conducted under political administrations of the ruling AL often lacked credibility due to interference by the government. Same thing happened when the then ruling BNP tried to manipulate the infamous Magura by-polls in 1994.

The electoral system took a significant turn in 2011 when the Sheikh Hasina-led AL abolished the constitutional requirement for a caretaker government through the 15th amendment. This decision led to a boycott of the 2014 general election by BNP and other opposition parties which was marred by violence, voter suppression, and allegations of government crackdowns on opposition leaders. More than half of the seats i.e. 153 out of 300 were uncontested and won by the single ruling party candidates. From 2014 to 2024, the country's electoral landscape has been defined by a series of controversial elections with poor participation, political repression, and concerns over the state of democracy.

Read more

Of the AL, for the AL, and by the AL

Similarly, under former CEC KM Nurul Huda, the 2018 election marked the introduction of electronic voting machines (EVMs) which became a source of controversy with a turnout of 80 percent with the AL, in alliance with the Jatiya Party (JP), securing over 90 percent of the parliamentary seats. Observers reported significant irregularities, such as voter intimidation, ballot stuffing, and occupation of polling booths, raising serious doubts about the integrity of the electoral process and the role of the EC. In 2020, 42 prominent citizens called on the then President Abdul Hamid to establish a Supreme Judicial Council to investigate allegations of misconduct, including financial corruption, against the EC led by KM Nurul Huda.

In 2023, the EC's widely publicised dialogue with registered parties occurred with many expecting the EC to first enable the BNP to freely decide on participating. Instead, the EC considered its duty fulfilled by simply delivering an invitation to the BNP's empty, locked office. Additionally, TIB published a report on the 12th National Parliament Election criticising EC for failing to ensure fairness, transparency, and competitiveness.

The 2024 general election was widely seen as a repeat of previous polls, with an exceptionally low turnout of 27 percent, and the AL poised for another victory. These issues highlight ongoing concerns about the EC's ability to conduct credible elections, yet the EC seems mostly oblivious of its role in the flawed electoral processes. According to Articles 118(4) and 126 of the Constitution of Bangladesh, along with Article 4 of the Representation of the People Order, 1972, the EC is an independent constitutional body, accountable only to the constitution and relevant laws. Given this, it is crucial for the CEC and the EC led by him to uphold democratic principles.

Read more

How do we describe the upcoming election?

On August 24, the CEC wrote a column for Samakal expressing concerns about the constitutional requirement for the EC to conduct general elections within 90 days, as mandated by Article 123(3)(b) of the constitution. He warned that failure to do so could be considered a grave offense under Article 7A, potentially punishable by death. However, he also acknowledged the impossibility of holding elections within this timeframe under current circumstances, likening the situation to "the sword of Damocles hanging over one's head." Given the complexity of the situation, looming crises, and the fact that elections overseen by the EC in the past 15 years have eroded public trust, he and his colleagues should have resigned immediately without waiting for either a call from the president or any other corner who they would have difficulty ignoring.

The interim government needs to rebuild electoral institutions starting with an independent election commission free from political influence. This is an opportunity to restore citizens' trust in elections by creating a sustainable, transparent electoral process that puts power back in the hands of the people. Hence, it is difficult to understand why the current CEC and his colleagues are not submitting resignations as opposed to being asked to do so. Do they really believe that any further election will be held under their stewardship? Or are the salary, benefits, perks and privileges they enjoy too good to be not enjoyed until shown the door?

Prof Syed Munir Khasru is chairman of The Institute for Policy, Advocacy, and Governance (IPAG), an international think tank. He can be reached via www.syedmunirkhasru.org.

Views expressed in this article are the author's own.

Follow The Daily Star Opinion on Facebook for the latest opinions, commentaries and analyses by experts and professionals. To contribute your article or letter to The Daily Star Opinion, see our guidelines for submission.

In June this year, many had described the Cumilla City Corporation elections as a "trial run" for the Election Commission's competence in organising polls, especially in terms of using electronic voting machines (EVMs). The results, unfortunately, left much to be desired. Not only did the EC fail to enforce electoral law when a local MP defied its code of conduct, but there was a great deal of controversy around the use of EVMs as well, leading to pandemonium during the declaration of results. The chaos surrounded the fact that there was no mechanism to audit or verify the results, or to question the influence of election officials operating the machines, regardless of how dubious said results might seem.

On what scientific basis did the EC decide on using EVMs? And how does it answer the questions being raised about its independence?

Civil society organisations are continuing to raise such concerns to this day. According to SHUJAN: Citizens for Good Governance, there is a huge lack of transparency surrounding EVMs, especially the audit cards via which election results are collected, and which can be tampered with in the absence of a voter-verifiable paper audit trail. There are also confusions over whether EVM software can be manipulated. Beyond that, there are worries that the provision for EVM overwrite by election officials – where the presiding officer is allowed to use the ballot when there are issues with the EVM registering fingerprints – could also be used to manipulate election results.

Read more

How do we get the goons out of the EVM booths?

These concerns have been repeated by opposition political parties as well. However, we have not seen the EC take any concrete steps to set their minds at ease. In fact, the EC has declared that EVMs will be used in around 150 constituencies in the next general election. This will require the use of around 5 lakh audit cards, meaning it will be impossible to find the time and resources to run forensic analysis on such a huge number of cards to ensure they are not tampered with. On what scientific basis did the EC decide on using EVMs? And how does it answer the questions being raised about its independence?

Read more

EC’s big nothing: From a crowning moment to a humbling experience

The EC has claimed it will do everything to ensure free and fair elections. To this end, it has even held dialogues with opposition parties, but the decision regarding EVMs makes clear that their demands were taken lightly. Over the past week, we have also witnessed BNP rallies in multiple districts being systematically attacked by ruling party men, sometimes with the help of police. Does the EC still believe this is a conducive environment for free elections? And if not, what does it intend to do about it?

It is up to the EC to ensure that the people are able to cast their votes. Against the backdrop of increasing election violence and political repression, choosing a system of voting that has been roundly described by experts as dampening voter turnout is yet another wrong decision from an increasingly long list curated by the EC.