Laws and Regulations for Conducting Elections in Bangladesh: A Review of the Representation of the People Order, 1972 and the Code of Conduct, 2008

The 12^th national election of Bangladesh took place on 7 January this year. For conducting a peaceful and elegant election, laws and implementation regarding the elections are a must. To observe an immaculate election, every concerned citizen must adhere to the election rules and code of conduct.

“The Representation of the People Order, 1972” is considered to be the main law of Bangladesh’s national parliament election. Rules 73 and 74 of this order say that a person is guilty of corrupt practice punishable with rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with a fine if he is guilty of bribery, personation or undue influence, makes or publishes a false statement, creates a disturbance in the election applicants campaign, calls upon or persuades any person to vote, or to refrain from voting for any candidate on the ground that he belongs to a particular religion, community, race, caste, tribe, etc., knowingly uses any vehicle to convey any elector (except himself and their immediate family member) to support or oppose a candidate, causes or attempts to cause any elector present and waiting to vote to depart them without voting, conducting illegal and invalid movement and activity by an elector in the voting station.

Rule 78 of this provision states: No person shall convene, hold, or attend any public meeting. No person shall promote or join any procession within the area of any constituency (during the period beginning 48 hours before the start of the voting and same after the conclusion of the voting), during the time mentioned in Article 78, no person shall resort to an act of violence, hold threats or intimidate voters connected with election activities or duties, show or use any arms or force. Any person who contravenes the provisions shall be punishable with rigorous imprisonment for a term extending to seven years, shall not be less than two years, and also with a fine.

Rule 80 of this provision comprises – a person is guilty of an offense punishable with imprisonment for a term which may extend to three years and shall not be less than six months, and also with a fine if he, on the voting day – uses, in such manner to be audible within the polling station, any loudspeaker or other apparatus for reproducing or amplifying sounds; persistently shouts in such manner as to be audible within the polling station; disturbs or annoys any elector visiting a polling station for voting, interferes with the performance of the duty officer and abets the doing of any of the acts described above.

Subsection number 1 of rule 81 says – that a person is guilty of an offense punishable with rigorous imprisonment for a term which may extend to seven years and shall not be less than three years, and also with a fine if he intentionally defaces or destroys any nomination paper, ballot paper or official mark on a ballot paper, intentionally takes out of the polling station any ballot paper, is found in possession of any ballot paper or ballot paper book or is seen exhibiting them before the members of the public outside the voting station, without due authority – supplies any ballot paper to any person; destroys, takes, opens or otherwise interferes with any ballot box. Following that, in the furtherance of the prospect of the election of a contesting candidate or to subvert the election, captures, abets, or conspires at the capturing of a polling station or polling booth and compels the polling authorities to surrender the ballot papers or other polling materials and documents and do any other acts affecting the orderly conduct of election or counting of votes; drives out any candidate or his election agent or polling agent from the polling station and compels the polling authorities to proceed with the election work in their absence; drives out polling authorities, seizes the ballot papers, ballot boxes, polling materials, and documents and use them fraudulently in such manner as he likes; allows only his supporters or supporters of his candidate or his political party to vote and prevents others from voting.

Any officer or clerk or any other person on duty in connection with the election who is guilty of an offense under the offenses mentioned above shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall not be less than three years, including a fine.

The National Election Commission formulated the Code of Conduct for Political Parties and Candidates for Parliamentary Elections, known as the Code of Conduct, in 1996. The Election Commission of Bangladesh published the latest amendment to the rule on October 20, 2023, regarding the 12th parliamentary election held on 7 January.

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Restrictions on donations, etc., have been imposed in this rule, saying that no candidate or their side can publicly or secretly give or pledge to donate to any institution of the concerned constituency from the announcement of the election schedule until the day of the election. No development project involving revenue or development funds can be taken or pledged in any government, semi-government, or self-governing institution in the concerned constituency. Everyone has equal rights in elections. The meeting of the opponent, the decorum, cannot be stopped or obstructed. Public meetings cannot be held on roads that obstruct the movement of people. The meeting organizers will approach the police to take action against those who obstruct the meeting or create disturbances; they will not be able to take action themselves.

No candidate or any other person on his / her behalf shall affix (hang or hang) posters, leaflets, or handbills on buildings, walls, trees, fences, electricity and telephone poles, or any other standing object, government installations, or vehicles. Posters, leaflets, handbills, etc. of any other candidate shall not be affixed on the posters, leaflets, handbills, etc. of any rival candidate, or any damage, defacement, or destruction.

A candidate can use only the party symbol, their photograph, and the photograph of the current head of the registered political party on the poster used in the election campaign. The image must be normal and portrait. Under no circumstances can photographs be printed in the posture of leading a procession, leading a prayer, etc.

No person on behalf of any political party or election candidate shall take out any procession or showdown in any bus, truck, motorcycle, boat, train, or mechanical vehicle. Helicopters or other aircraft cannot be used for election campaigns but for the party chief’s transportation. Still, the helicopter cannot display or distribute leaflets, banners, or other materials during the travel. No person other than a person authorized by the Election Commission shall drive a motorbike or any other vehicle within the prescribed limit areas of the polling station.

No political party, candidate, or other person can write their election campaign on any wall. A person may not, by ink or paint, or in any other way, write or paint anything preachy on any building, stop, roof of house or house, bridge, road, vehicle, or any other installation. No lighting function or arrangements can be made with electricity as part of the campaign. Election camps cannot be set up on roads, public transport, or places designated for public use. Photographs of the candidate or any speech on behalf of the candidate, shirt, jacket, etc., cannot be used for campaigning. No food or drinks will be served to voters at the polling stations.

During the election campaign, one should not make any personal remarks or statements that are bitter, defamatory, or hurtful to the feelings of gender, community, or religion. No election campaign will be allowed in religious places. No citizen’s land, buildings, or other property can be damaged during the election. No person other than a person authorized by the Election Commission shall carry any arms or explosives within the prescribed limits of the polling station. No candidate or person shall spend money or use force on their behalf to secure votes.

A very important person who is a government beneficiary will not be able to join the election program during his service in the government program. He will not be allowed to use government vehicles or other government facilities for campaigning for himself or any other candidate. For the same purpose, he cannot use officers and employees of government, semi-government or autonomous bodies, officers or teachers, or employees of any educational institution. Suppose he is not the candidate’s election agent or any other candidate. In that case, he cannot enter the polling station on the day of the election or be present in the counting room while counting votes without voting.

Any violation of any provision of the Rules described above shall be deemed a “pre-election irregularity,” and any candidate or any person on his behalf shall be imprisoned for a maximum period of 6 months or with a fine of Taka 50,000 or both. Any registered political party violating any provision will be fined a maximum of Tk 50,000.

Are the mentioned provisions and laws capable enough of preventing electoral malpractices?

Sections 73 to 90 of the “The Representation of the People Order,1972” and the “Code of Conduct,1996” specify the penalties for various electoral offenses. However, they are rarely used in elections in the context of Bangladesh. Experts have anticipated that properly implementing the “Representation of the People Order,1972” and the “Code of Conduct,1996” can hold free, fair, and neutral elections.