Referendum: What punishment awaits govt officials if they campaign for 'Yes' or 'No'
While the chief adviser and several advisers have been actively campaigning for the ‘Yes’ vote, EC Abdur Rahmanel Masud clarified that advisers are not considered government officials under service rules, as they do not represent an elected government.
The Election Commission (EC) has issued a stern warning to the country's 1.4 million government officials and employees, particularly those engaged in election duties, stating that they are strictly prohibited from taking sides in the upcoming referendum on the July National Charter (Reform of Constitution) Implementation Order 2025.
Once engaged in election duties, they work under the Election Commission (EC) and are no longer under the government, as per election laws.
Any breach of neutrality by misusing official positions could result in a prison sentence of up to five years.
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The EC yesterday (28 January) announced that it will send a formal letter to the Cabinet Division requesting necessary measures to ensure the neutrality of all republic servants during the referendum and 13th national election scheduled for 12 February.
The directive comes amid reports of several government employees and organisations engaging in campaigns supporting the 'Yes' vote. At several government offices, websites and even on banners and placards hung on the government office buildings, the campaign remains prevalent in effect.
While the interim government's chief adviser and several advisers have been actively campaigning for the 'Yes' vote, Election Commissioner Abdur Rahmanel Masud recently clarified that advisers are not considered government officials under service rules, as they do not represent an elected government.
Civil servants – including the 785,225 polling officials and 900,000 law enforcement members – are constitutionally bound to remain impartial.
Clarifying the issue, Masud said, "We will send a letter to the government through the Cabinet Division. The relevant authorities will take appropriate action. Government officials may raise awareness about the referendum or participate in outreach activities, but they cannot ask people to vote 'Yes' or 'No'."
The commission has repeatedly pointed out that any action intended to influence the results would be considered a punishable offence.
The exact punishments
According to the EC, any election-related offence during the referendum will be governed by the Referendum Ordinance 2025 and the Representation of the People Order (RPO) 1972.
Under Section 21 of the Referendum Ordinance, any act considered an offence or a violation of the code of conduct in parliamentary elections will also be treated as such for the referendum.
The specific penalties are outlined in Article 86 of the RPO 1972, which states:
• Imprisonment: Any person in the service of the republic who misuses their official position to influence the election results shall be punishable with imprisonment for a term which may extend to five years and shall not be less than one year.
• Fines: Offenders will also be subject to financial penalties.
According to the latest EC data, 69 returning officers, 600 assistant returning officers, 42,779 presiding officers, 2,47,482 assistant presiding officers, and 4,94,964 polling officers will work during the election.
From the announcement of the election schedule until the publication of results in the official gazette, these officials work under the control, supervision, and directives of the EC – not the government.
What election officers ordinance says
According to Section 5 of the Election Officers (Special Provisions) Ordinance of 1990:
Disciplinary measures for election officers
(1) If an election officer has failed intentionally, or disclosed his unwillingness, to comply with any order or direction passed by the commission or, as the case may be, the returning officer with regard to any matter relating to elections, or has contravened intentionally the provisions of any Act relating to elections, or has committed any offence under such Act, he shall be deemed to have committed a misconduct and such misconduct shall be considered an offence punishable in accordance with his service rules.
(2) If an election officer has committed misconduct referred to in Sub-section (1), the authority which appointed him may remove him from service, or dismiss him, or force him to take leave, or reduce him in rank, or withhold promotion or salary increment for a period which shall not exceed two years:
Provided that such penalty shall not bar or obstruct the imposition of any other punishment for, or any legal proceeding on account of, a failure, unwillingness, contravention or offence referred to in Sub-section (1).
(3) If an election officer has committed misconduct referred to in Sub-section (1), the returning officer may, after consultation with the commission or, as the case may be, a commissioner, direct him, subject to the disciplinary measures which may, therefore, be taken against him in accordance with his service rules, to remove himself temporarily from service for a period which shall not exceed two years and the direction of such removal shall be deemed to have been passed in accordance with his service rules by the authority which appointed him and it shall have effect in accordance therewith.
(4) If the commission or, as the case may be, the returning officer has made an application to the appointing authority for disciplinary measures to be taken against an election officer on account of misconduct referred to in Sub-section (1), the said authority shall, within the period of one month after receipt of the application, take such measures and inform the commission about it.
(5) The action taken in response to the proposal of the commission referred to in Sub-section (4) shall be recorded in the personal records, service book and annual confidential reports of the said officer or person and shall be included in the dossier, and the commission shall be informed thereof.
(6) If any difference of opinion arises between the government and the commission regarding any provision of this section, the decision of the commission shall prevail in that matter.
(7) If it appears to the commission that any officer or employee engaged in election duty has been negligent in their duties, the commission may take necessary disciplinary action against the said officer or employee.
Regarding the punishments, Sub-section (2) of the act's Section 6 states that any person who fails to comply with or give effect to any order made under Sub-section (3), (4) or (5) of Section 5 shall be guilty of an offence and shall be liable to imprisonment for a term which may extend to five years and not less than one year, or to a fine which may extend to Tk20,000, or to both.
