Unleashed Expenditure: Politics, now toughest for proletariat!

Advocate Bellal Hossain:

Peaceful power hand over through election has been a rare piece of political decorum in Bangladesh since her very beginning of sovereignty. Political turmoil and malice have been a torment for the nation over decades. An efficient, accountable, unbiased and sincere Election Commission can bring breakthrough in the practice of free and fair election in Bangladesh. The Constitution of the People’s Republic of Bangladesh and Representation of the People Order 1972 have conferred the powers to EC to apply those for the sake of fair election. Politics has become money making source of politicians victimising the People’s economic and social rights. Electors are treated as vote seller in the eye of tycoons as they can make every impossible possible by dint of  money. The RPO specifies the electoral expenditure margin. Section 44B(3) of RPO 1972 enumerates ” The election expenses of a contesting candidate, including the expenditure incurred for him by the political party which has nominated him as its candidate, shall not exceed taka twenty five lakh. Provided further that the election expenses of a contesting candidate shall be determined per capita on the basis of total number of electors in a constituency. ” But the reality is open secret. A Union Parishad election may cost crores of money let alone national election.

But who care laws? It is frequently experienced in our electoral campaign to spread uncountable money  which verily spoils the fair election process and equal participation of economically challenged but honest and patriotic candidates. The political miscreants invest in the election to get back multiplied returns through molesting and usurping power. The Election Commission has unfettered power to control and mitigate the economic turbulence during election.

Article 119 (2) of the Constitution empowers the EC mentioning that the Election Commission shall perform such functions, in addition to those specified in the foregoing clauses, as may be prescribed by this Constitution or by any other law.

But with great regret, we horribly witness the non alacrity of EC or its activism to some extent can be termed as rhetoric in this aspect. The EC has tremendous supportive legal provisions to maneuver its responsibilities. To check and balance the dark giants who bring mayhem in political ambiance, a fully functioning Anti Corruption Commission can be a handy tool. To confront the corrupt candidates during election, the Election Commission  can prioritize ACC.

Constitution of the People’s Republic of Bangladesh delegates power to EC to utilize executive department as per Article 126. It says, ” It shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions. ”

Though only inclination to make level playing field for all candidates may not be adequate, but EC’s sincerity can certainly be assessed. Civil Society expresses deep concern for unleashed law breaking by politicians during electoral programmes. The RPO, 1972 has lucid directives of code of conduct of candidates in election period. The Order  provides provisions for candidates to comply with the guidelines as follows,

The permitted money for election expenses thereof shall not be utilized for printing of a poster with more than one color, printing of a poster of a size bigger than the size prescribed or specified by the Commission, setting up a temporary base covering an area of more than four hundred square feet, making any banner by using any cloth,          employing or using more than three microphones or loudspeakers at a time in a constituency are restricted by law. Commencing election publicity in any manner at any time three weeks prior to the date fixed for the poll is also banned. Setting up more than one election camp or office in any union or in any ward of a municipality or city, more than one central election camp or office in any constituency is forbidden. Despite entertainment of electors in any manner is violation of law, the candidates feel comfortable and profitable to do so as it is too effective to deny votes by naive voters being fed well. Using any vehicle or vessel such as, truck, bus, car, taxi, motor cycle and speed-boat is beyond legal provision, but we see making transports fare free to commute the constituency which largely affects voters’ rationality.  Illumination by use of electricity in any form, using symbol or portrait of a candidate with more than one color display of a symbol exceeding the size prescribed by the Commission, writing in ink or paint or in any manner whatsoever as means of advertisement for election campaign to operate camps on the polling day is clear law breaking. Nevertheless, these are common circumstances which are truly impediment to free fair and participatory election. The voters need to think in their own way. The adoration and exorbitant decoration divert voters’ mind. We see reckless motorcade, big size banner, festoons to draw public attention. This phenomena create uneven field for honest candidates who cannot afford the race. Since the EC has legal power to set well all essential mechanism, its sincere approach can vim the democratic political turn over unquestionable. The peace loving people of Bangladesh expect responsible role from Election Commission so that all walks of people can enjoy their political rights in a level playing field.

The writer is Senior Law Officer of Agrani Bank Limited, Barishal Circle. He can be reached at bellal.sincere@gmail.com

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