The new electoral code of conduct makes no distinction between partisan and non-partisan municipality polls with regard to imposing restriction on electioneering by individuals enjoying government facilities.

When the municipality election was non-partisan in nature, the code of conduct had imposed the restriction. It was to make VIPs -- including ministers, MPs and government officials -- refrain from joining any electoral activities or electioneering for their favourites.

The provision did not generate any debate or controversy then. No political party used their banners or directly contested the elections. Party chiefs or central leaders did not need to work formally for candidates. All they did was extend support to aspirants of their choice. 

Now, the election will be held on partisan lines. A political party can now contest the battle of ballots by fielding candidates for mayoral posts. The electoral laws also allow it to spend Tk one lakh for each of its mayoral aspirants in addition to the candidates' own election expenditure.

A political party is even entitled to take donation for its election fund. On completion of the polls, it will have to submit an election expenditure report to the Election Commission (EC). Otherwise, its registration may be cancelled. The same provision applies for parties contesting the parliamentary election.

But the restriction to be applied to individuals enjoying the government facilities remains unchanged in the new electoral code of conduct made on Monday for municipal polls. This may appear very harsh for the political parties -- whether in power or having representation in parliament.

For example, the ruling AL will contest the battle of ballots by nominating mayoral aspirants. But its chief Sheikh Hasina and almost all of her party's central leaders may face legal difficulties in working for the party-nominated candidates as they are enjoying government facilities. Hasina is the prime minister and many of her party central leaders are either ministers or MPs. 

The same is applicable to the main opposition Jatiya Party as its chief and secretary general are MPs.

In this situation, some crucial questions could be raised.

Are the top brass of the AL and the JP are allowed by the code of conduct to participate in electoral activities for their parties? How will their central leaders sit at meetings to pick candidates for mayoral posts and discuss party's strategy for victory of their candidates? How will presidents and general secretaries write to returning officers in support of party-nominated candidates? Will all this not be considered electoral activities?

"Nominating a mayoral candidate is, of course, a part of electoral activities," said a senior EC Secretariat official.

Another official echoed his view and said proper enforcement of the code of conduct will not allow anybody enjoying government facilities to work for the party in the polls.

The EC, he said, had earlier proposed allowing ministers and MPs to participate in electoral activities and electioneering without using government facilities. It was consistent with the code of conduct for the candidates and parties contesting parliamentary election.

"But the law ministry has not agreed to our proposal. The ministry has kept the restriction unchanged and the commission has not pursued its original proposal," the official added. "In my view the code of conduct is flawed."

Election Commissioner Abdul Mobarak, however, sees it differently. In his views, party chiefs, ministers and MPs will not face any legal bar to nominating candidates and working for their parties though they will not be able to campaign for their candidates.  

His views were however different a few months ago in April during the elections to Dhaka and Chittagong city corporations. Some ministers at an indoor meeting with leaders of the AL Dhaka city unit discussed strategies to clinch the victory for the AL-backed mayoral candidates.  

The code of conduct for city corporation election has the same restrictions on VIPs including ministers and MPs.

"If any minister holds a meeting for a candidate, it is a violation of the electoral code of conduct," said Mobarak.

Former CEC ATM Shamsul Huda has also said the EC must take action if any minister conducts electoral campaigns or joins electoral activities for any candidate.

In the face of criticism of ministers' meeting, CEC Kazi Rakibuddin Ahmad directed the returning officers to take necessary actions whenever they get complaints of violation of the electoral code of conduct.

Now, how can the same restriction be relaxed for ministers and MPs allowing them to work for their parties in the partisan municipality polls?  

Jurist Shahdeen Malik said the code of conduct has not been thoroughly considered, leaving room for confusion.