The Role of Election Commission for Holding a Free and

Fair Election in Bangladesh; an Analysis

By
Mohammad Sattar Mullah
Undergraduate student of law, University of Chittagong.

Acknowledgement and Preface:

At the very beginning of my tiny attempt to discuss about “The Role
of Election Commission for Holding a Free and Fair Election in
Bangladesh; An Analysis” , I would like to express my endless
gratitude to Mr. A. B. M. Abu Noman, Associate Professor and
Honorable Chairman of 2nd Year Exam. Committee having smart
contemporaneous thinking capabilities, Department of Law,
University of Chittagong, since his inspirations to know the unknown
and wise instructions make me valor to launch the journey of
preparing the journey of field work on the given meaningful topic. I
would also like to express my thanks to Mrs. Sharmin Afroj, course
teacher of Constitutional Law of Bangladesh (203), for her
contributions who has given us accurate and authentic information in
classroom for which I myself is indebted to her. In conducting the
field work, I have collected various information from different
primary sources e.g. Constitution of People’s Republic of
Bangladesh, The Representation of the People’s Order, 1972, The
Conduct of Election Rules, 2008, Political Party Registration Rules,
2008 etc. Information are also collected from secondary sources
mentionable e.g. daily newspapers, reports of the monitoring agencies
on different elections, law books, academic journals, websites,
articles, periodicals, legal dictionaries, encyclopedia and relevant
reports collected from different sources. As a student of law, I am the
new comer in this arena of research work that’s why I am in
hesitations whether I make mistakes since I have added data in my
own ways of expressions gathering from different sources. There may
be shortcomings and wrongs for that I am seeking your kind
considerations.

Table of Contents:

o Introduction
o Election Commission of Bangladesh; Its roots of establishment
o Election Commission; An upholder of electoral democracy
o Powers and Function of Election Commission; Its major role
o Independence of Bangladesh Election Commission; Pure in
black letters
o Separate Election Commission Secretariat
o Financial Independence of the Election Commission of
Bangladesh
o Essentials of Free, Fair and Credible Election
o Free and Fair Elections: the Bangladesh case
o EVM, new addition to the Electoral process
o Election Commission Controversy; Obstacles before becoming
free and fair
o Reforms and Recommendations to the present EC of BD
o Public Perception with structured questionnaires
o Critical Evaluation of Questionnaire Survey
o Conclusion
o Bibliography
o Appendix
Introduction:
Democracy in which fundamental human rights and freedoms and
respect for the dignity and worth of the human person shall be
guaranteed has some intrinsic features to possess for ensuring its full
swing working in a state. Election Commission whose major work is
to hold national parliamentary election as a constitutional institution is
one of these intrinsic features which are provided by the constitution
of the people’s republic of Bangladesh described in Article 118-125.
Good governance is vastly concerned with the govt. in power that
normally conducts the working of the state. Election of good
government is profoundly concerned with the existence of a free, fair,
strong and vigilant Election Commission which was the cherished
vision of the framers of the constitution.

This work aims mainly at discussing the role of Election Commission

for holding a free and fair Election. It will also be attempted to
describe its constitutional powers and functions with loopholes and
limitations. At last, some reforms will be suggests for its flawless
working leaving their unused constitutional powers with aiming of
appropriate utilization of its authorities.

Election Commission of Bangladesh; Its roots of

establishment:
After the British ruling wiping out from the Indian Sub-Continent,
Pakistan Election Commission was first emerged in 1956 with one
Regional office in erstwhile East Pakistan. After the independence of
Bangladesh from Pakistan pouring buckets of blood of her
countrymen, she got democratic phenomena having a great featured
constitution which provides the establishment of a free and fair
Election Commission by inserting Article 118-126. Article 118 of the
Constitution provides for the establishment of an Election
Commission for Bangladesh consisting of the Chief Election
Commissioner and not more than four Election Commissioners. The
appointment of the Chief Election Commissioner and other Election
Commissioners (if any) is made by the President. When the Election
Commission consists of more than one person, the Chief Election
Commissioner is to act as its Chairman. Under the Constitution the
term of office of any Election Commissioner is five years from the
date on which he enters upon office. A person who has held office as
Chief Election Commissioner is not eligible for appointment in the
service of the Republic. Any other Election Commissioner is, on
ceasing to hold such office, eligible for appointment as Chief Election
Commissioner, but is not eligible for appointment in the service of the
Republic. Powers of Election Commission (Article 118(4) and 126 of
the Constitution, read with Article 4 of the Representation of the
People Order, 1972): The Election Commission is an independent
constitutional body in the exercise of its functions and subject only to
the Constitution and any other law. The Commission may authorize
its Chairman or any of its members or any of its officers to exercise
and perform all or any of its powers and functions under the law.
Article 126 of the Constitution and Articles 4 and 5 of the
Representation of the People Order, 1972 provide that it shall be the
duty of all executive authorities to assist the Election Commission in
the discharge of its functions. The Commission has the power to
require any person or authority to perform such functions or render
such assistance for the purpose of electron as it may direct.

Election Commission; An upholder of electoral democracy:

Election Commission is a constitutional institution which upholds the
electoral democracy and conducts the electoral process that ensures a
free and fair election capable of producing an elected government. A
common mandate for all the electoral bodies is to hold free and fair
elections. Superficially, this phrase 'free and fair elections' seems very
simple and straightforward; in reality, it is loaded with tasks and
responsibilities that are overwhelming in terms of both their enormity
and complexity. For turning an electoral process free and fair, it
normally ensures the following points….
o It gives permission to vote each and every eligible citizen to
participate as a voter and as a candidate.
o It guarantees freely asserted democratic rights and freedom of
expression, especially related to the will of the people in
electoral process.
o It secures neutrality of the authority administering election
procedures that ensure votes will be cast freely and counted
accurately and an independent control system ensuring honesty
of the process.

It has been com out from the above that election is the manifestation
of the basic principles of electoral democracy. Successful conduct of
free and fair elections by the electoral bodies would constitute the
implementation of the goals of electoral democracy. Since the
electoral bodies are the principal instruments for the conduct of
elections, they occupy the center stage in the process of development
of a democratic culture in a country.

Powers and Function of Election Commission; Its major

role: Institutionally BEC is much enriched having a vast powers and
functions. Article-119 of the constitution of Bangladesh deals with
the functions of Election Commission. For the authenticity of
quotation, I am copying the Article-119 of the constitution:-
Article-119(1) The superintendence, direction and control of the
preparation of the election rolls for elections to the office or President
and to Parliament and the conduct of such elections shall vest in the
Election Commission which shall, in accordance with his Constitution
and any other law-
(a) Hold elections to the office of President;
(b) Hold elections of members of Parliament;
(c) Delimit the constituencies for the purpose of elections to
Parliament; and
(d) Prepare electoral roles for the purpose of elections to the
office of President and to Parliament.
(2) 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.

The Representation of Peoples Order, 1972 outlines the

elaborate powers of the Election Commission. It is
empowered to:
o Appoint of Recruiting officers to supervise all work in the
district in connection with the conduct of elections.
o Superintend, direct and control the recruiting officers.
o Assign other duties and functions of the returning officers.
o Withdraw any officer performing any duty in connection with an
election, or any other public functionary or any other law
enforcing personnel who obstructs or prevents or attempts to
obstruct or prevent the conduct of fair and impartial poll.
o Fixation of the date of submission of nomination papers,
scrutiny of nomination and withdrawal of nomination paper and
date of the poll.
o Design and approve the ballot boxes.
o Regulating and monitor the registration of the political parties.
 o Prescribe the principles and guidelines regarding the broadcast
and telecast in the national media during the general election to
the parliament.
o Form and control the electoral Enquiry Committee with powers
of a civil court.
o Prepare electoral codes of conducts.
o Permit neutral Election observers.
o Summon and compel the production of evidence, require public
records, Issue commission for examination of the witnesses and
documents.
o Regulates its own procedures.
o Make Rules for carrying out the purpose of the RPO.
o Decides Electoral Disputes.
o Regulates the transfer of judicial officers below the District
judge, Deputy Commissioner, Superintendent of police etc.
during the Election days.
o Cancel candidature in appropriate cases.

Independence of Bangladesh Election Commission; Pure in

black letters: The Constitution of Bangladesh flawlessly provides
the pure independence regarding its functions and powers having
conceived its importance of being independent. Article-118(4)
specifically mentions that the Election Commission shall be
independent in the exercise of its functions. The term of office of an
Election Commissioner is fixed for five years from the date on which
he enters upon his office. An Election Commissioner cannot be
removed from his office except in like manner and on the grounds as
a judge of the Supreme Court. To make an Election Commissioner
free from bias or influence in the exercise of his power, Article 118(3)
provides that a person who has held office as CEC shall not be
eligible for appointment in the service of the Republic and any other
Election Commissioner shall, on ceasing to hold office as such, be
eligible for appointment as Chief Election Commissioner but shall not
be otherwise eligible for appointment in the service of the Republic.
Representation of People’s Order, 1972 also ensures the
independence of Election Commission of Bangladesh. It provides that
The Commission may require any person or authority to perform such
function or render such assistance for the purpose of accomplishing
the Election. It also provides that all executive authority of the
Republic have to assist the Commission in the performance of its
duties during the Election period.
There have the existence of two other categories by observation of
which one may comment that Election Commission is free and fair.
These are…..

Separate Election Commission Secretariat:

Bangladesh Election Commission has its own secretariat as per
Election Commission Secretariat Act, 2009 which is headed by a
Secretary. The Secretariat is located in Dhaka and has a Electoral
Training Institute, field offices at the Regional, District and
Upazilla/Thana level. The Election Commission has a full-fledged
Secretariat under it to render all assistance to execute the decisions
and orders of the Commission. The Election Commission Secretariat
is headed by a Secretary. Functions of the Election Commission
Secretariat: Assistance to the Election Commission for…
o Preparation of electoral rolls for use in all national and local
bodies elections.
o Delimitation of territorial constituencies for the purposes of
election to Parliament.
o Conduct of referendum and elections (including bye-
election/re-election) to the office of President, Parliament,
Paurashavas (Municipal Committees), City Corporations, Union
Parishads (Union Councils) and Three Hill Districts Councils
etc.
 o Reservation and allocation of symbols to political
parties/candidates, when required;
o Supervision of polling arrangements throughout the country on
the eve of each election and appointment of polling personnel,
namely : Returning Officers, Assistant Returning Officers,
Presiding Officers, Assistant Presiding Officers and Polling
Officers;
o Printing and supply of ballot papers to all polling stations
located all over the country;
o Procurement of election materials including ingredients for the
manufacture of indelible ink and their distribution amongst the
polling stations;
o Procurement, supply, storage and maintenance of ballot boxes
throughout the country;
o Setting up of elaborate machinery throughout the country for
collection and dissemination of result of elections;
o Consolidation of all election results and their formal publication
in the official gazette, as required by law;
o Constitution of Tribunal for the disposal of election petitions
and performance of such other functions in this regard as may be
prescribed by any other law;
o Framing and publicity pertaining to the elections and their
implementation;
o Collection and compilation of election data for research,
reference and records;
o Preparation and publication of comprehensive reports of all
types of elections;
o Regulation and control of officers and staff of the Election
Commission Secretariat and its field establishment;
o All laws on subjects allocated to it.

Case law: Kazi Mamunur Rashid Vs. Government of Bangladesh,

28 BLD (HCD) 87.
Financial Independence of the Election Commission of
Bangladesh:
To secure the financial independence of the Commission…
Article 88(b) and (c) of Bangladesh Constitution provides that the
remuneration payable to the Election Commissioners and the
administrative expenses of, including remuneration payable to officers
and servants of the Election Commissioner shall be charged upon the
Consolidated Fund.
Section 7(1) of the Election Commission Secretariat Act, 2009
provides, the government shall allocate money on the basis of the
report of Election Commission. Before granting the amount required,
the govt. may consider the report.
Section 7(2) of Election Commission Secretariat Act, 2009 provides,
Once the amount is granted, the Election Commission need not take
permission from the govt. to spend.
Section 16 of Election Commission Secretariat Act, 2009 provides
that on the areas of expenditure the decision of the Commission is
Final.

Case law: CEC & 3 others Vs. Comptroller and Auditor General, 57
DLR 113.

Essentials of Free, Fair and credible elections:

There are criteria of a free, fair and credible Election and having
observed their existence in a country, one may comment that The
Election Commission and Election Process is free, fair and credible.
These are given below:
o Presence of legislative framework having run in conformity with
the constitution,
 o The impartial and neutral full swing working of election
administrators, the media both print and electronic along with
the active law enforcing agency.
o Existence of the competitive electoral process and its acceptance
by all the forces in the country. Here forces means and include
political parties, the armed forces, police, election adjudicating
bodies, civil society, organized and unorganized groups – must
accept and support the process and not undermine it through
violence, intimidation or any other unlawful means.
o The Election process should be out the range of fraud, violence
and intimidation at any of the stages critical to the electoral
process. It should also free from chaotic and poorly organized
leaving large numbers of voters disenfranchised and confused
about the process, issues and candidates.

Free and fair elections: the Bangladesh case:

We all know that Bangladesh is a third world country which is
wrapped by many socio economic problems. Democracy and
democratic norms & values are very destitute here. Holding a Election
free and fair is very difficult task here. Our past experience says that
we have come through couples of parliamentary elections by the
direct supervision of Bangladesh Election Commission. BEC’s
contribution is not out of question mark! But BEC is trying their best
from their level since they have a pure independent constitutional
powers and functions. There are couple of problems exist and their
attempts to give up these are praiseworthy. As has already been
mentioned, the task of holding free and fair elections is not easy and it
involves many tasks. The Bangladesh Election Commission (BEC)
has recently finalized a Strategic Plan for the Commission for the next
five years. This document states the vision and mission of the BEC
and outlines a strategy to reach the vision. The Commission has
identified five strategic goals for realizing that vision. These goals
reflect the various components of electoral democracy. For translating
those goals into concrete actions, these are known as Bangladesh
Election Commission, Strategic Plan 2011-2016. Forthcoming 5
years are further sub-divided into discrete actions. A look at those
actions will show that a number of important actions cannot be
accomplished by the Commission alone and it would need the
assistance of other partner organizations.

EVM, new addition to the election process:

Electronic voting (also known as e-voting) is a term encompassing
several different types of voting, embracing both electronic means of
casting a vote and electronic means of counting votes. Electronic
voting technology can include punched cards, optical scan voting
systems and specialized voting kiosks (including self-contained
direct-recording electronic voting systems, or DRE). It can also
involve transmission of ballots and votes via telephones, private
computer networks, or the Internet. It is a recent addition of Election
Commission of Bangladesh aiming at holding a free, fair, technology
based credible Election. The electronic voting system was
successfully used in the mayoral elections in Chittagong City mayoral
election on Jun 17, 2009, but the Election Commission is yet to seek
opinions of all parties for introducing the system in general elections.
But, the matter of fact that all the political parties are not in same
opinion to insert EVM in National parliamentary Election. Some
opine that there is a possibility of manipulation or Corruption in the
application of EVM in Bangladesh. But, Present govt. and BEC want
to use EVM in the next parliamentary Election.

Election Commission Controversy; Obstacles before

becoming free and fair:
There are some barricades against the free flowing of the Election
Commission of Bangladesh. These need comprehensive discussions
to give up them by clarifying relevant laws. Some of the loopholes are
given below with illustration….

EC’s dependency to Government:

It is clear that the EC in reality has to depend on the government
functionaries in respect to appointing CECs and other Commissioners,
recruiting staff for the EC Secretariat, discharging its functions at
field level during elections, maintaining law and order, and managing
different financial issues including budget allocation and
disbursement of funds.

Arbitrary Appointment:
The EC’s neutrality is hampered due to arbitrary appointment of
CECs and Election Commissioners with partisan image, recruitment
of local level election officials with partisan background,
politicization of the NCG, and planned placement of officials of the
administration before elections. All these are reflected in the results of
elections in favour of the ruling party.

Election Disputes/Violence:
Election Disputes and violence from disputes are common
phenomenon around the world. Bangladesh is not an exception. Pre
and post election disputes are common in all elections. Limitations
exist in the Election Conduct Rules, 1996 and absence of its
implementation has given birth to some of the violence.

Members of Election Commission:

According to Article-118(1)…. The president appoints the CEC and
other ECs. The commission consists of a CEC and such number of
other Election Commissioners as the President may from time to time
direct. However, from the language used in Clause 1 and 2 of Article
118, It become quite clear that Election Commission may be
constituted even with the Chief Election Commissioner alone. If the
Commission is consisted of only CEC alone, Arbitrariness will boost
up and democratic values will decline.
Reforms and Recommendations to the present EC of BD:
Reforms are badly needed to cope with the existing unhealthy and
non-democratic situation prevailing in the country. Civil citizens
always welcome the new and truth worthy reforms which is beneficial
for mass people and country as a whole. Everybody wants their
interests are to be protected. But it is difficult and in reality it can’t be.
State interests need to protect during drafting and implementing the
reform agenda. State interests are not to be compromised. But the
matter of great sorrow that these reforms are normally not welcomed
by the massive political parties of Bangladesh. However, now let’s
have short look over those reforms and recommendations which are
suggested by different leading Authors.

Transparency International Bangladesh conducted a comprehensive

study in 2006 on the Election Commission of Bangladesh and
published a report in which was written by Shahzada M Akram and
Shadhan Kumar Das jointly. In that report, they gave some
recommendations to Bangladesh Election Commission for holing a
free, fair and credible Election. Now let’s have a short look over these
recommendations:

Constitutional and Legal Framework:

o The ruling parties have key responsibilities to strengthen the EC
by enacting suitable laws such as enabling law and creating
healthy political environment. In the relevant enabling law,
among other things, qualification and number of Election
Commissioners must be determined.
 o The CEC and Election Commissioners must be made
accountable to the common people for their activities which
incur wastage of public as well as donor money. Necessary laws
may be enacted in this regard. This can be done through the
parliament.
o All complications, limitations, and inconsistencies of election
laws, rules, orders and ordinances must be identified and
resolved with a group of law experts, so that no debates are
raised in future.

o High Court benches may be increased in order to resolve

election petitions within a reasonably short period (six months).
It should be made mandatory for the EC to provide all kinds of
information required by the High Court.

o A prosecution wing of the EC should be set up for dealing with

all kinds of irregularities election. The EC should be given the
authority to file cases against any candidate who violate
electoral law and code of conduct, and to cancel candidature if
the concerned candidate is proven guilty of violating electoral
laws or code of conduct.

Institutional Structures and Capacities:

o The inter-relationship between the EC and the EC Secretariat
should be clearly defined. According to the present organ gram
the three tier of the EC are separate. How they coordinate with
each other should be made clear.

o The EC should increase its own capacity in terms of

empowering staff and developing infrastructural and logistical
strength, so that its dependence on bureaucracy may be reduced.
 The frequency of elections is increasing, so effort to build
capacity of EC is needed.

o Important positions such as Secretary or Additional Secretary

must not be vacant for more than a week.

o Officials sent on deputation for the legal section at the EC

Secretariat should be stopped. The EC should develop its own
section of legal experts to handle thousands of pending/current
legal cases.

o The Dhaka and field level offices should be entitled to its own
building with sufficient spaces for personnel, modern
equipments and other logistical facilities.

o The library should be developed into a modern documentation

centre with all necessary gadgets and information.

o The website of the Commission should be made inter-active. It

must be updated and enriched with past and present documents,
all laws and updates, activities, budgets, and other financial
information to ensure transparency and access to information.

o The quality and number of training and logistical facilities of

ETI must be increased to train up the election personnel
properly. Such training should be realistic and long-term.

Recruitment and Promotion:

o A neutral mechanism should be developed for appointing the
CEC and Election Commissioners. This responsibility may be
laid upon the Law and Parliamentary Standing Committee. It
can also be a selection committee comprising of eminent
 persons from all segments of the society who will select the
CEC or Commissioner for appointment. Necessary amendments
may be brought in the Constitution prior to consensus from all
political parties.

o A new cadre of BCS (Election) may be introduced so that they

can achieve equal status to other cadre officials at the field
levels. However, the EC should have selecting and recruiting
authority for its own staff, and the PSC will only facilitate the
process. This recruitment process should be transparent,
efficient, neutral and accountable.

o Election officers with partisan identity must be removed from

the office after verifying recruiting procedures and track records
with proper investigation, if needed.

o Indiscriminate promotion of the election officials must be

stopped. The recommendations of Azizul Islam Committee
should be implemented immediately to materialize promotions
of the deprived officials.

Financial Issues:
o The EC must be financially independent. There should be
separate allocations in the national budget for the EC.

o Projects implemented by the EC have to be designed and

developed incorporating monitoring and evaluation activities.
There should be evaluation after each project and the assessment
report should be made open for public review.

o All financial documents including yearly audit reports, detail

budget, annual statement must be made open for all.
Activities of the EC:
o For transparency and accountability of the EC, it should submit
the annual activity report and election reports to the President
through the parliament. These reports should be discussed in the
parliament and made public.

o A specific policy of the EC should be developed. This will

include specific plan with specific timelines that the EC is
supposed to achieve. Schedules incorporating regular works
such as voter list updating and delimitation of constituencies
should be prepared according to the law. This schedule may be
coordinated with the formation of a new government.

o Updating the voter list should be done every year. The existing
computer-based voter database must be updated each year and
shared through the website. This should be a continuous
process.

Role of Stakeholders
o Donors should concentrate more on strengthening the EC and
electoral system. The EC should also negotiate efficiently and
timely with donors for such development.
o The EC should have a media policy.
o Registration of the election observers to the EC should be made
mandatory.
o Public perception with a structured questionnaire survey:

Public Perception with structured questionnaires:

As we all know, by the 15th amendment of our constitution the
caretaker government has been wiped out. Now, to face the next
parliamentary election we must focus on the Election Commission to
hold a free, fair and credible Election. To know what thought is going
beyond black letters and its red tapes, we have conducted a
questionnaire survey to different walks of peoples e.g. University
teachers, conscious students, lawyers and rank and files. This survey
aims at finding the loopholes of present Election Commission with all
of its limitations along with its role of holding a free and fair Election
in Bangladesh. Now, let’s have a short look over the structured
questionnaires with the complete result based on the opinion of
selected answer providers………

Questionnaires:-
1. Is it possible to hold a free and fair election by empowering
Election commission under any political govt.?
A) Yes-34.38%
B) No-62.5%
C) No comment-3.12%
2. Is election commission free regarding application of its
constitutional powers and authorities?
A) Yes-31.25%
B) No-53.13%
C) No comment-15.62%
3. Article 118(1) of our constitution gives option to appoint a chief
election commissioner even without any other commissioners. Do you
think this provision flawless?
A) Yes-25%
B) No-50%
C) No comment-25%
4. What is the main hindrance of present EC of Bangladesh?
A) Recruitment process-3.13%
B) Political interference-50%
C) Executive interference-0%
D) Lack of efficiency-6.25%
E) None-3.12%
F) All-9.37%
5. Is the strong EC the best alternative for care caretaker government?
A) Yes-46.88%
B) No-43.75%
C) No comment-9.37%

6. Does EC have enough technological potentiality to insert EVM

(Electronic Voting Machine)?
A) Yes-25%
B) No-50%
C) No comment-25%
7. Is there any necessity to deploy Army in the period of Election for
security?
A) Yes-75.12%
B) No-12.5%
C) No comment-9.38%
8. Former Chief Election commissioner wanted four ministerial
powers, e.g.: Ministry of Public Administration, Home ministry etc...
Do you want to give them those powers exclusively in time of
National election?
A) Yes-56.25%
B) No-28.12%
C) No comment-15.63%
9. Do you think no confidence vote should remain in the ballot paper
of parliamentary election?
A) Yes-56.25%
B) No-15.62%
C) No comment-28.13%
10. Do you think EC can monitor election behavior properly and
strictly?
A) Yes-34.38%
B) No-40.62%
C) No comment-25%
11. Do you think president should be given exclusive jurisdiction
(without prime ministers’ consent) to appoint Chief election
commissioners?
A) Yes-56.25%
B) No-21.88%
C) No comment-21.88
12. Do you think Reformation of election Laws is much needed and
demand of the time?
A) Yes-87.5%
B) No-3.12%
C) No comment-9.38%

Critical Evaluation of Questionnaire Survey:

By careful observation of survey result, we have got some vital
information which are being discussed in details now. Maximum
samplings reveal the fact that People don’t want election under a
political Govt. They want alternative way to hold National
Parliamentary Election. Article 118 needs more clarification in
respect of number of ECs. It has also come out from the survey that
BEC is not full free regarding the application of its constitutional
powers and functions. Political interference, the main hindrance of
Election Commission of Bangladesh, Maximum people opined so. Is
the strong EC the best alternative to Non party caretaker govt.? This
question reveals the hard contrast competition between Yes and No!
Half of total of our sampling says that BEC doesn’t have enough
technological potentiality to insert Electronic Voting Machine in
Parliamentary Election. Most of the people think that there is a
necessity of deploying Army during the Parliamentary Election for
proper security. More than half of total of our sampling reveals that
they have given their opinions in favour of giving desired ministerial
powers to Election Commission at the time of National Election. No
voting system should remain in the ballot papers of Parliamentary
Election, a great number of people possess that belief. Majority
comparing the options of the question opines that EC cannot monitor
Election behavior properly. Many of the asked peoples think that The
Honorable President should be given exclusive jurisdiction to appoint
CEC like that his power in respect of appointing of Prime Minister
and Chief Justice. Lastly all the people have opined that clarifications
and reformations of existing Election laws are the demand of the time.

Conclusion:
Role of Election Commission in a democratic society is
immeasurable. The key function of holding a free, fair and credible
Election is vested to Election Commission. In line with that
Bangladesh Constitution supplies enough back up in respect of it
independent functioning. But, the matter of great grief that in 3rd
world developing country like Bangladesh, Constitutions are often
overtaken by violating its intrinsic features. For holding a free and fair
election, Election Commission should be more conscious about its
own authorities. Besides this, the vital responsibilities go to govt. in
power which normally operates the affairs of state to assist Election
Commission for discharging its activities. Election Commission
should be vigilant in respect of overcoming its loopholes and
limitations which have been discussed earlier this paper. Now, We are
facing a great problem about holding of next parliamentary election.
The Election Commission should try to arrange political dialogue
among the leading political parties of Bangladesh to reach in a unified
opinion about the holding of next parliamentary election and whereby
it should assist to uphold the justice by ensuring fairness in Election
Procedures.
Bibliography:

o The Constitution of the people’s Republic of Bangladesh, 1972.

o Representation of People’s Order, 1972.
o Election Commission Secretariat Act, 2009.
o Election Conduct Rules, 1996
o Kazi Mamunur Rashid Vs. Government of Bangladesh, 28 BLD
(HCD) 87.
o : CEC & 3 others Vs. Comptroller and Auditor General, 57 DLR
113.
o Bangladesh Election Commission, Strategic Plan 2011-2016.
o Islam, Mahmudul,(2011) Constitutional Law of Bangladesh, 3rd
Edition, Mullick Brothers, Dhaka.
o Chowdhury, M. Jashim Ali,(2010) An Introduction to
Constitutional Law of Bangladesh, 1st Edition, Northern
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