Commission proposes local body election under caretaker government

Amid ongoing debates on whether the national or local government elections should be held first, the Election System Reform Commission has proposed conducting all local government elections first under a caretaker government, followed by the national elections. The commission has recommended setting the tenure of the caretaker government at four months to complete all elections within this period.

The commission has suggested establishing a permanent National Constitutional Council (NCC) to form the caretaker government. The NCC would finalize the name of the head of the caretaker government, while the head of the caretaker government would appoint 20 other advisors. However, if the NCC cannot be formed, the commission has proposed that a high-level committee comprising representatives from all political parties, experts, civil society members, and other key stakeholders be created. This committee would draft the caretaker government framework, which the ruling party would pass in parliament and implement.

On January 15, the full report was handed over to Chief Advisor Muhammad Yunus by the commission’s head, Dr. Badiul Alam Majumdar. The report was made public on the Cabinet Division’s website on February 8 (Saturday).

Frustration over the Abolition of the Caretaker Government System

In the second paragraph of the report, the commission expressed disappointment over the abolition of the caretaker government system.

The commission stated, "Although Bangladesh gained independence through a bloody liberation war, we have failed to establish an effective electoral system and democratic governance. The proposal for a caretaker government was quite innovative, but it proved to be highly effective in the context of Bangladesh. Despite some rhetorical political statements from losing parties regarding elections held under the caretaker government, these elections were generally accepted both nationally and internationally."

The High Court verdict of December 24, 2024, issued by Justices Farah Mahbub and Debashish Roy, declared the abolition of the caretaker government system through the 15th constitutional amendment as "unconstitutional." The case is currently under review, and the commission is optimistic that the Supreme Court will restore the caretaker government system.

The commission has recommended a four-month tenure for the caretaker government to conduct both national and local government elections. The 18th paragraph of the report suggests that all local government elections should be conducted before the national election.

Introduction of 'No Vote' and Re-election if 'No Vote' Wins

Currently, if there is only one candidate in an election, they are declared elected uncontested. The commission pointed out that Article 19 of the Representation of the People Order (RPO) allows this provision in parliamentary elections. However, this contradicts Article 65(2) of the Constitution, which requires voters to have multiple choices in an election.

The commission observed that the public has developed a strong negative perception of uncontested elections and proposed the reintroduction of the ‘No Vote’ option. This would allow voters to reject all candidates if they find them unacceptable. Currently, 20 countries have this provision, though Bangladesh, Pakistan, and Russia had introduced it but later abolished it.

The report outlined two possible implementations of ‘No Vote’:

1. Symbolic No Vote – Regardless of how many people vote for ‘No Vote,’ it would not prevent a candidate from being elected. The second-highest candidate would be declared the winner, as seen in India.

2. Effective No Vote – If the ‘No Vote’ option receives the highest votes, the election would be canceled, and a re-election would be held. Some countries, such as Poland and Indonesia, have such provisions.

The ‘No Vote’ option was implemented in Bangladesh during the 2008 general election under the caretaker government, with 382,437 votes (out of 69.76 million) cast as ‘No Votes.’ It ranked seventh among the competing parties.

The reform commission has proposed reinstating the 'No Vote' option and canceling the election if ‘No Vote’ wins. Additionally, candidates from a canceled election would be barred from contesting in the re-election.

Introduction of Recall System (MP Removal by Public Demand)

For the first time, the commission has proposed introducing a recall system in Bangladesh, allowing voters to remove their elected representatives if they lose public trust.

The report states that recall elections are an essential mechanism for participatory democracy, ensuring accountability. However, it warns that this system could be misused by opposing parties for political revenge, causing instability and increasing government election expenses.

To mitigate risks, the commission has proposed:

No recall elections in the first and last years of an MP’s tenure.

To initiate a recall, a petitioner must collect signatures from at least one-third of the total voters in the constituency and submit the application to the Election Commission with a valid reason.

If at least 51% of voters support the recall, the MP will be removed from office.

Eligibility Criteria for Party Nomination in Parliamentary Elections

The commission has suggested relaxing conditions for new political parties by requiring them to have offices in only 10% of districts and 5% of sub-districts (upazilas or thanas). Additionally, parties must have at least 5,000 registered members.

To ensure transparency in party funding, all donations must be received through banking channels and declared in tax returns. Parties must also submit audited financial statements annually.

Mandatory Three-Year Party Membership for MP Candidates

The commission has proposed that candidates seeking party nomination in parliamentary elections must have been a member of the party for at least three years.

Depoliticization of Election Administration

To ensure impartiality in election administration, the commission has recommended that Returning Officers and Assistant Returning Officers should be appointed primarily from the Election Commission's own officials. If enough officials are unavailable, personnel from the administration and other government services may be recruited.

The commission has also proposed introducing a runoff election system to increase voter turnout. Under this system, a candidate must secure at least 45% of the total votes to be elected. If no candidate meets this threshold, a re-election will be held.

Finally, the commission has recommended restoring the Election Commission's authority to suspend or cancel election results when necessary.