How DCs could rig national elections in favour of a party

A day after Chief Election Commissioner AMM Nasir Uddin delivered a clear message at the just-concluded Deputy Commissioners' (DCs) Conference that the next general election must be fair at any costs, the interim government made 33 joint secretaries Officers on Special Duty (OSD) on 19 February.

This action was taken due to their involvement as returning officers in the controversial 2018 election.

At that time, they were DCs, the administrative chiefs of the districts, and appointed as the returning officers by the Election Commission (EC) to organise and supervise the elections in a just, free and fair manner.

However, the election in which the BNP-led opposition joined after boycotting the one-sided 2014 election was mired in controversy as ballots were stuffed by the ruling Awami League men on the previous night.

Last January, the Anti-Corruption Commission (ACC) also announced the launch of an inquiry into allegations of abuse of power, ballot manipulation and financial transactions in the 2018 election, also known as "midnight" polls.

More actions followed.

In a major move on 20 February, the government sent three secretaries, 18 additional secretaries and one joint secretary on forced retirement because of the controversial roles in the 2014 and 2018 elections.

Earlier, 12 more ex-DCs who served as returning officers in the 2018 election were also made OSD.

"The elections of 2014, 2018, and 2024 have been described in different ways — some call them controversial, others say they were unacceptable, and some claim votes were cast the night before election day," Public Administration Senior Secretary Md Mokhles Ur Rahman explained the reasoning behind the actions against ex-DCs.

"The Awami League stayed in power for three consecutive terms, leading to this situation. The government held the elections with the help of returning officers. No DC protested, refused the role, or resigned. That is why this decision is being made," he said while talking to reporters on 20 February at the Secretariat.

The point to be noted is that the public administration is responsible for both good and bad elections held in Bangladesh in past decades.

Immediately before the three consecutive controversial elections, the public administration contributed largely to holding the 2008 December election, which was lauded by national and international observers.

In that election, Sheikh Hasina's Awami League won by a landslide. Her party formed the government in January 2009.

But things have only gone wrong since then. Hasina's government excessively politicised the bureaucracy and the law enforcement agencies that helped her to hold three consecutive controversial elections to cling to power.

After Hasina's ouster last August in an unprecedented uprising, the interim government formed dozens of reform commissions, including one for depoliticising the public administration through reforms.

Like in past occasions, DCs would be appointed again as the returning officers to organise and supervise the next parliamentary election, which is likely to be held in December this year.

The Election Commission has no other alternative but to depend on the DCs, who are chief of the district administration, to hold the polls. Upazila Nirbahi Officer,s known as UNOs, will be appointed assistant returning officers to assist DCs.  

The EC does not have so many officers countrywide to appoint them as returning officers and assistant returning officers to conduct the national elections.

The underlying message of the government's actions against ex-DCs before the next polls is noteworthy.

Powers and functions of DCs as ROs

While addressing the DCs conference, the chief election commissioner assured them that in the past, there was pressure from high-ups. But there will be no unlawful pressure exerted on them this time.

"We won't impose any unjust pressure, and if there is any, we'll remove it," he told them.

Upon their appointment as ROs, the field-level election administration is run by the DCs under the supervision of the Election Commission.

According to Section 7 of the Representation of the People Order, it shall be the duty of a Returning Officer to do all such acts and things as may be necessary for effectively conducting an election in accordance with the provisions of this Order and the rules.

Subject to the superintendence, direction, and control of the EC, the Returning Officer shall supervise all work in the district or constituency in connection with the conduct of elections and shall also perform such other duties and functions as may be entrusted to him by the EC. 

Being the chief of field district-level election administration, it is the duty of a returning officer to ensure law and order in the constituencies so that voters can freely visit the polling stations and cast their votes.

He can postpone polls in any polling station if the prevailing situation is not conducive to free and fair polls.

Tens of thousands of polling officials appointed for the conduct of the elections are under the direct supervision of the returning officers.

Assistant returning officers at the upazila level assist the returning officers in performing their functions.

Given their powers and functions, the appointment of DCs before the elections appears to be a major factor. An outgoing ruling party tries to ensure the posting of officials as DCs who are like-minded to them, expecting undue favour in the elections.

In the previous three parliamentary elections, the ROs, who were also DCs, did not perform their due role and failed to ensure free and fair polls.

For example, in 2014, when many candidates were forced to quit the electoral race, paving the way for AL and its allies' candidates to get elected uncontested amid a boycott by the BNP-led alliance, the then-returning officers did nothing.

An extraordinary manoeuvring of the polls resulted in 153 MPs being elected uncontested.

In the 2018 election, when ruling party men were stuffing ballots on previous nights to defeat their rival candidates nominated by BNP and other opposition parties, the returning officers again remained silent. After the voting hours, they declare the results, giving validity to the rigging.

Like now, the EC, however, was empowered to take disciplinary actions against any of them for their negligence of duty.

However, the EC itself remained silent and helped the Hasina administration manipulate the three parliamentary polls to cling to power. Those who were in the EC and held the controversial elections can not aver their responsibility, too.