[ALOCHONA] New RPO put into effect

New RPO put into effect Government officials who resigned or retired after November 2005 will not be able to contest the parliamentary election planned for December, according to new electoral laws. "A person shall be disqualified for election as or for being a member of [parliament], if he has resigned or retired from the service of the republic or of any statutory public authority or of the defence service, unless a period of three years has elapsed since the date of his resignation or retirement," reads Representation of the People (Amendment) Ordinance, 2008. The same will apply to an ex-chief executive of a non-government organisation. Promulgated by the president Tuesday, the ordinance brings into force with immediate effect a number of amendments to the Representation of the People Order (RPO), 1972. If the Election Commission (EC) sticks to its plans to hold the general election in December and announce the schedule towards the end of October or early November, the ordinance will mean an end to political ambition of many former government and non-government officials. In the event of removal or dismissal or compulsory retirement, a former government official aspiring to public office will have to wait for five years since the termination of job. The restrictions come in the wake of allegations that some bureaucrats in the past had exploited their position to lay the groundwork for their bid to stand in parliamentary polls after retirement. Those who retired from public or defence services from the start of 2006 onwards will not be able to be elected as president due to a combination of the new provisions and the constitution. According to the constitution, the persons ineligible to be a lawmaker shall not be qualified to vie for presidency as well. It also says the legislature shall elect a president within 30 days of its first sitting. If the national election is held in December the presidential election might be held by February or even earlier. Unlike before, civil and military officials who have just retired will not be appointed advisers to the caretaker government as the constitution says a person shall not be qualified to be an adviser if he/she is not fit to seek election as a lawmaker. This apart, the revised RPO bars those defaulting on utility bills from running in parliamentary election or continuing as lawmakers. It says a person shall be disqualified to be elected or continuing as a member of parliament, if he has failed to pay bills for telephone, gas, electricity, water or any other government service despite being served with a "notice of three months or more from the date of submitting nomination paper as a defaulter". Because of the new provision the lawmakers will have to pay their telephone bills regularly. In the past, a large number of them had defaulted on phone bills even after receiving allowances from the state. Besides, the laws have made registration with the EC mandatory for a political party willing to participate in parliamentary polls. They also seek to ensure financial transparency in election expenses. All major political parties will have to amend their constitutions to fulfil the criteria laid down for registration. As per the RPO provisions, they will have to sever relations with their front organisations and do away with chapters abroad. The laws are the result of seven years' efforts towards registration of the political parties and curbs on election of the just retired bureaucrats and utility bill defaulters. The commission's move to that end back in 2001 failed to come off in the face of opposition from the political parties. However, the qualifications proposed for registration then were not as stringent as the present ones. With promulgation of the ordinance Tuesday, the EC got back the authority to cancel candidatures for gross violation of electoral laws and misconduct. In the build-up to the parliamentary polls in 2001, it was given the power only to be scrapped by the caretaker government succumbing to pressure from the political parties. To bear on the war criminals, the amended RPO debars from parliamentary election those convicted of war crime by a national or international court or tribunal. It also provides for an option to cast no-vote given that voters find no contestants to their liking. If the number of no-votes exceeds 50 percent of the vote in any constituency, the returning officer shall cancel the election and have it arranged afresh. The changes to the RPO say a person shall not be allowed to contest from more than three constituencies. Before, an individual could run for five seats all together. The caretaker government however has retreated from its plan to incorporate a new provision barring from parliamentary election those convicted by a trial court of criminal offences involving moral turpitude. Currently, for lack of specific legal provisions an individual convicted by a trial court of such offences can take part in elections pending appeals against the conviction.   http://thedailystar.net/story.php?nid=51375

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