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Tuesday, July 22, 2008

[mukto-mona] Please print the article

Improper law enforcement questionable local government polls!

Nirmal L. Gomes�

(Washington, DC) It is noticed that a wide-ranging people in home and abroad and the world leaders as well have been looking keenly towards the present army backed-up Care Taker (CT) government of Bangladesh. Mostly some of their important initiatives and activities such as, clean up corruptions from the co untry, bringing justice of the corrupted politicians, businessmen, individuals, and organizations, maintaining relationship with political groups, controlling daily essentials price, maintaining foreign relationship, moral and justice issue for some of the detainees, upcoming fair and neutral local government election, upazila election, general election, and so on. To hold the local government election poll is one of the recent challenging initiatives seems to be the "talk of the nation and abroad." The CT government and Election Commission (EC) already published their electoral laws for the local government polls. The electoral laws look like very supportive to elect the honest, dedicated, patriot, knowledgeable, and skill candidates. In the beginning of the process the government has been announcing that seven electoral laws should be required for every candidate when they submit their nomination. If the nomination form is not be completed appropriately or fill up form with incorrect information, and does not fulfill the requirement as the announced by the EC, then the nomination form will be rejected immediately. The EC urges to maintain "zero tolerance" for all candida
tes as this is their challenge and experimental test polls. �

By this time various electronic and printed media have reported that a number of convicted and corrupted candidates submitted their nomina tions for mayors and councilors. For example, on July 13, Protom-Alo reported that 16 mayoral candidates those are accepted by the EC for the August 4 polls are accused in 34 criminal cases on various charges. Many of the councilors who have submitted their nominations and accepted by the district EC office, who face various charges including murder, extortion, and corruption. As Prothom-Alo reported on July 20, that many of the candidates did not fill-up the nomination form correctly and many forms incomplete, but the EC keeps silent to take any action against them. Though, the Chief Election Commissioner (CEC) expressed satisfaction with the overall compliance with the code of conduct of the candidates. However, CEC frustrates not to see the quality of candidates, as said on a press briefing recently. Till CEC expects to hold a neutral and accepted election polls in the local government elections as well upcoming upazilla and general election. The CEC emphasized the importance of the implementation of the strict electoral rules.�

It is yet questionable and remain unsolved the problem that whether an electoral candidate can be disqualified from contesting in election those who did not fulfill the EC requirements and those are on conviction by a trial court for offences involving moral turpitude, or be allowed to
contest in polls while candidate appeals against the verdict is pending in court. It shows that the EC has decided that a convicted person is eligible for contesting in the election while the candidate appeal is pending in a court, but legal experts say that a convicted person becomes disqualified on conviction by a trial court.  The Constitution in Article 66(2) (d) states: "A person shall be disqualified for election as, or for being, a member of Parliament who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release." I recall one of my articles titled "Local government polls a challenge/an experiment for the EC" published in various printed and electronic med ia. It has stated on the article that "for last thirty six years that thousands of rules and laws the previous governments discussed and announced, but very few of rules and law properly implemented and acted by the government, law enforcement, and citizens. Many times laws have misused and that's resulted of 1/11 in the nation." If there are laws then it must be implemented by all and also law enforcement must follow the laws. The EC must be more proactive to implement the electoral laws. According to the reports, outcomes are not positive for the EC. What is going to make a difference in the upcoming local government election polls if the laws do not work accurately? Th
e way things are going in the upcoming local government polls is quite enough for us to realize about the elections nomination selections process and also questionable about the polls. If the law enforcement implement the electoral laws what has written and circulated publicly by the EC, who can challenge to disobey the laws? If the law enforcement loses their credibility or support to disobey and violet the electoral laws or any laws then citizens take the privilege to misuse the laws for their own interests.

The government talks and mobilizes to hold fair, neutral, and accepted polls in every upcoming election. The chief adviser and the army chief also have urged the people to apply their wisdom and fair judgment in electing competent and honest candidates in the upcoming polls. If the corrupted and criminal candidates qualified by the EC for the election contest, what would be the consent of using fair judgment and wisdom to elect the candidates? The citizens would not have the choice to reject the candidates, whereas the government accepted the corrupted and criminal candidates and certified them to be valid candidates. More the election day coming closer and more the doubt of the fair, neutral, and accepted election raises to the general public in home and abroad. There is a general public perception that the old discredited alleged criminals, muscle man, and corrupted people are creeping in to stage a come through the secured election. Till, there is enough time for the government and EC to take necessar
y action against the candidates who violets electoral laws and nomination requirement, and can disqualify them for the local government election contest. People expect that the government and EC successfully will pass the test of August 4 polls and show their credential to hold the upazilla and general election.


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