No scope for action over Hasina's alleged asset concealment: EC

The Election Commission (EC) has stated it cannot take any action against Sheikh Hasina over allegations of concealing asset information in her affidavit submitted ahead of the 2008 Ninth National Parliamentary Election.

Responding to a letter from the Anti-Corruption Commission (ACC), the EC said that the Representation of the People Order (RPO) does not provide any legal grounds for intervention in this matter.

Speaking to reporters on Friday, EC Secretary Akhtar Ahmed said, “We have responded to the ACC and clarified that there is no provision under the RPO for the Election Commission to take action regarding this type of allegation.”

In a letter dated May 22, the ACC claimed that Sheikh Hasina had submitted false information about her assets to the EC before the 2008 election. The ACC requested legal action under the RPO, 1972.

According to the ACC, Hasina had declared 6.50 acres of agricultural land worth Tk 175,000 in her affidavit. However, an ACC investigation found that she actually owned 28.411 acres of agricultural land, with a total purchase value of Tk 3,366,010. The ACC alleged that she concealed information on 21.91 acres of land and underreported the purchase price by Tk 3,191,010 constituting what it described as "false information."

An election commissioner, speaking on condition of anonymity, explained that action can only be taken under the RPO if the misinformation affects a candidate's eligibility. “If the false information relates to a disqualifying factor such as loan default the EC can intervene. But discrepancies in asset declarations do not fall under the disqualification criteria,” the commissioner said.

The current legal framework, he added, limits the EC’s ability to act in such cases, and any action must be taken by relevant agencies under applicable laws.

Amid preparations for the upcoming 13th Parliamentary Election, discussions are underway for a series of legal reforms. The Election System Reform Commission has already recommended provisions allowing post-election action, including cancellation of election results, if false affidavit information is discovered.

If the EC finalizes these proposed changes to the RPO, the draft will be sent to the Ministry of Law. Upon Cabinet approval, the amendments could be enacted through an ordinance.