The Election Commission is now the accused

The Bangladesh Nationalist Party (BNP) has filed a case against 24 individuals mentioning position or name alleging of holding an “unjust and farcical” election. The election commissioners involved in holding 2014, 2018, and 2024 national elections, then-Prime Minister Sheikh Hasina, Home Minister, Inspector General of Police, Election Secretary, heads of NSI and DGFI, and several other police officers have been accused in the case filed with Sher-e-Bangla Nagar police station in the capital. The case has already been handed over to the Police Bureau of Investigation (PBI).

One of the main allegations against them is that they held the election through fear and intimidation and declared candidates elected without the people’s votes. On the very night the BNP filed the case with the police station naming three former chief election commissioners, local political activists dragged former Chief Election Commissioner Nurul Huda out of his residence in Uttara, hung a garland of shoes around his neck, and struck his face with shoes. In this situation, the police arrested him, and later another ex-CEC, Habibul Awal, was also arrested by the Detective Branch of police.

It seems unnecessary to point out with fingers to people of our age what happened in those three mentioned elections. According to those who are not blindly partisan, the general election held on December 29, 2008, was the last free and fair election in Bangladesh’s electoral history. Held under the caretaker government led by Dr Fakhruddin Ahmed with military backing, the Awami League won the election and formed the government, securing 230 seats, while the BNP won only 30 seats. The BNP did not accept the results and alleged electoral fraud.

Even though allegations were made, the BNP's case statement does not include the names of the commissioners involved in the 2008 election. I cannot find a reason why. Instead of inviting Khaleda Zia’s mainstream BNP for dialogue, that Election Commission invited the reformist BNP faction expelled from the party, led by BNP’s former Secretary General Abdul Mannan Bhuiyan. Brigadier (retd) Sakhawat Hossain, now an adviser to the interim government, was also an election commissioner at the time.

A one-sided election was held in 2014 for the second time in Bangladesh's history, the first being in February 1996. Due to a boycott by the BNP, Jamaat-e-Islami, and several other political parties, 154 Awami League candidates were elected unopposed in the 2014 election. The most controversy and questions surround the 2018 national election. All political parties participated in the election based on Prime Minister Sheikh Hasina's assurance of a free and neutral election. But the election was neither fair nor impartial. As the votes were cast the night before, BNP secured only seven seats—an unbelievable outcome.

In many poll centres, 100 percent of votes were cast, and in several centres, only the 'boat' symbol received votes. Due to various complaints, over 100 candidates from the BNP and allied parties, even without party decisions, boycotted the election by noon. No trace of BNP’s 30-35 percent vote share was found in the results.

Even the BNP could not detect that the voting took place the night before; and as they could not detect it, there is no written complaint to date—only allegations of irregularities and rigging. The Election Commission rejected the re-election demand of Jatiya Oikya Front, an electoral alliance formed under the leadership of Dr Kamal Hossain.

Regarding the 2024 election, Chief Election Commissioner Kazi Habibul Awal recently stated in court what the BNP is also saying— “dummy election.” Since the BNP and Jamaat did not participate in this election, the competition was between candidates nominated by the Awami League and independent candidates supported by the Awami League. BNP’s allegations imply that except for these three elections, all other elections have been fair and impartial. Is that really so?

In reality, not a single election after independence has been universally accepted as fair. Even the elections held under caretaker governments were not acknowledged by the defeated political parties. Three elections were held under the caretaker governments in 1991, 1996, and 2001. After losing the 1991 election, the Awami League saw “subtle rigging” in that election, and the BNP saw “blatant rigging” in the June 1996 election. Regarding the 2001 caretaker government and Chief Adviser Justice Latifur Rahman, the Awami League alleged that “the caretaker government is doing what BNP is saying.” While recovering arms, that caretaker government arrested and tortured Awami League leaders and activists to send a message to voters. Despite all allegations, the three elections under the caretaker government were accepted by the people.

The allegations against elections held under party governments are even more severe. The first election after independence was held in 1973 when opposition candidates in several constituencies were allegedly intimidated into withdrawing. In that election, 11 Awami League candidates were elected unopposed. In the yes-no referendum of 1977, Ziaur Rahman was the sole candidate; the presiding and polling officers responsible for conducting the vote reportedly filled the yes-vote boxes themselves. Even though voters didn’t go to the polling stations, 88.1 percent of votes were cast, with 98.9 percent voting yes and 1.1 percent no. According to The Guardian’s report, some places had 110–120 percent voter turnout.

Following Ziaur Rahman’s footsteps, Ershad also held a referendum in 1985 and received 94.5 percent of votes. The result of the yes-no vote made the BNP cautious; in the 1979 national election, BNP deliberately caused the defeat of several of its own candidates. Ershad did the same in 1985—to make the election credible, he engineered the defeat of his Prime Minister Ataur Rahman Khan’s son, Barrister Ziaur Rahman, in the Upazila Chairman election—this fact is mentioned in Ataur Rahman Khan’s book “Prodhanmontritter Noy Mas”. Following Ziaur Rahman’s election policies, President Hussein Muhammad Ershad also felt no urgency to hold free and fair elections. Under his regime, voters didn’t get the opportunity to vote—within one or two hours of voting starting, almost all votes were already cast.

The BNP did not participate in the 1986 national election; the 1988 election was boycotted by the Awami League, BNP, and almost all political parties, leading to a one-sided victory for the Jatiya Party. The 1986 and 1988 elections were like conquests of land by force. Two national elections were held under Prime Minister Khaleda Zia in February and June of 1996; the June election was held under a caretaker government, as previously discussed. In the February election under Prime Minister Khaleda Zia, since the Awami League, Jatiya Party, Jamaat-e-Islami, and most political parties boycotted it, the BNP won 278 seats in a voter-less election, and BNP candidates were elected unopposed in 48 constituencies. Freedom Party leader and Bangabandhu’s assassin Lt Col (retd) Khandaker Abdur Rashid won a seat from his party and became the Leader of the Opposition in Parliament.

Voter turnout in the February 1996 election was extremely low. Observing such a small turnout, then Chief Election Commissioner Justice AKM Sadeque said that the percentage of votes cast is not the main point, the main point is that the election was held.

From the above analysis, it becomes evident that not just the three elections mentioned by the BNP, but many other elections were also neither fair nor impartial. Votes were cast without voters; parliaments were convened without opposition parties. Was the crime committed only by the Election Commission and police? Political parties also committed crimes. Shouldn’t there be cases against those MPs from defeated parties who enjoyed full benefits and allowances without attending Parliament after elections under caretaker governments? Why shouldn’t there be a case over the plundering of votes in Magura’s by-election during the BNP regime in 1994? Surely, the BNP or Jatiya Party won’t file cases over the irregularities during the eras of Ziaur Rahman, Hussein Muhammad Ershad, or Khaleda Zia. The Awami League also won’t file such cases. Only Jamaat-e-Islami might file a case, as this party is currently the BNP’s only rival in the electoral field.

The Election Commission is a constitutional institution; its formation is laid out in Article 118 of the Constitution, and its responsibilities are defined in Article 119. The Election Commission has no manpower of its own to conduct elections; it must rely on the government administration. Moreover, it faces numerous limitations. Still, it is independent; unless they resign voluntarily, the government cannot dismiss the election commissioners—they are accountable only to the Constitution.

Nonetheless, the election commissions that failed to fulfil their constitutional responsibilities should be tried—but not selectively, as the BNP prefers. All those involved in unjust and farcical elections should be brought to justice. However, holding election commissioners and members of various agencies accountable for shrewd political decisions is not appropriate. It was the cunning policies of the ruling BNP, Jatiya Party, and Awami League governments that led to elections without opposition parties. Therefore, political parties and forces should also be held accountable.

Final question—tell me, what is the connection between banning the activities of the Awami League and cancelling its registration?

Zeauddin Ahmed: Former Executive Director, Bangladesh Bank