The New Nation - Internet Edition

Bdnews24.com, Dhaka

There is no easy way to abuse Section 91E of the Representation of the People Ordinance, nor any way to defer Upazila elections, said election commissioner M Sakhawat Hussain yesterday, addressing two separate concerns of BNP and Awami League.

BNP has demanded annulment or suspension of 91E which gives the EC power to cancel candidacy, claiming it is meant only to "harass' candidates.

Mentioning it would not be misused under any situation, Sakhawat said Tuesday: "In case of a breach, the EC has the power to annul the candidature."

"The EC has the authority to apply this section only in case there is a serious written allegation of influencing the election or making the election process difficult."

"But it has to be proved under the EC inquiry. The commission will hear the accuser and the accused on the report to be submitted by the EC enquiry committee on the flagrant violation of the electoral code of conduct," the election official clarified.

Even if the commission wanted to take measures against anybody, all the commissioners had to be unanimous and, if need be, the aggrieved person could go to the court, he stressed.

"Since this section has not been studied well, questions are being raised in different ways, giving rise to misunderstanding," Sakhawat said.

BNP and its allies called for cancellation of the provision earlier this month, as a condition for the alliance's participation in the upcoming election, along with three other demands including rescheduling elections and lifting the state of emergency.

Since then, Transparency International Bangladesh has issued a statement calling Section 91E "indispensable". If it is annulled, "there will not remain any institutional process to effectively enforce the electoral code of conduct on candidates," said the corruption watchdog.

On Monday, constitutional experts voiced their support for the section, but added that it "may be open to abuse".

Explaining the process, Sakhawat said Tuesday, "If there is only one candidate left for a constituency after the candidatures of other contestants are cancelled, there is provision for re-inviting nominations. There is no scope for election of a candidate uncontested in this section. Under Section 17 of the RPO, if a candidate or an elected member dies, re-election takes place".

The election commissioner also stressed that there was no scope for shifting the Upazila election date beyond Jan 22.