Is CEC's interpretation of code of conduct accurate?

The code of conduct is not applicable before the finalisation of the candidate lists by returning officers for the 12th parliamentary elections, Chief Election Commissioner (CEC) Kazi Habibul Awal said on Sunday.

"The code of conduct of 2008 is applicable to candidates. Party-nominated candidates or prospective candidates are not candidates. Candidates who are finally eligible after filing nominations will be allotted symbols. From that day on, the opportunity for an election campaign will be given to them," he explained to journalists while responding to questions at the Election Commission's headquarters in Dhaka.

"What is happening before this is not an election campaign for us. Now, if a political party campaigns with a plough, with a boat, or with a bird, there is no hindrance," he added.

Habibul Awal stated that the EC will enforce the code of conduct for candidates who are deemed finally eligible. He mentioned, "The candidates will be eligible only when the returning officers publish the list as eligible. Then we will control them. See if they are violating the electoral code of conduct. If they do, we will take legal action against them."

Speaking on discussions about the possibility of postponing the polling date, the CEC said, "No such decision has been taken. If BNP comes to the polls, rescheduling can be done."

When seeking his comment on collecting nominations by 'showdown', the CEC remarked, "We don't have any law saying that they can't showdown while buying party forms, can't take cars and horses, and can't go in groups. The election code of conduct has not yet been applicable."

But the law says that the code of conduct comes into effect once the election schedule is announced. Then, the EC has the authority to take action against violators and impose penalties.

According to Article 18 of the Code of Conduct, any candidate or any other person on his/her behalf who violates any of the provisions of these rules during the pre-election period shall be liable to imprisonment for a term not exceeding six months, to a fine not exceeding Tk50,000, or to both.

The law defines "the pre-poll time as the period from the date of announcement of the election schedule by the commission to the date of publication of the election results in the official gazette in the case of the general election of the parliament or any vacant seat."

Former election commissioner Md Shah Nawaz also confirmed that the Code of Conduct became effective immediately after announcing the election schedule.

Echoing the same, Kabita Khanam, another former election commissioner, said, after the announcement of the schedule, that keeping the election environment fair is the EC's jurisdiction. There is no way for any party or person to hold meetings, showdowns, processions, pestering, or motorcades in the period before symbol allotment. If anyone, or even any party, does so, they will be violators.

EC can take steps against them as it has the power under the law, she added.

While the CEC said the code of conduct is not applicable now, the deputy commissioner of Rajshahi and the returning officer of Rajshahi-1 constituency were asked to take action on the charge of holding a views-exchange meeting on 22 November by Member of Parliament Omar Farooq Chowdhury.

The CEC was asked under which law he ordered such action, but he overlooked the question during the press briefing.

Meanwhile, when asked if it is possible to hold a meeting at the prime minister's official residence Ganabhaban, he said, "Where is the problem if the prime minister holds a meeting? Because the time to enforce the code of conduct has not yet come. The prime minister is not a candidate. Maybe she can be a potential candidate. She will be a candidate after being finally accepted by the returning officer. Then no candidate or on behalf of a candidate can violate the election code of conduct."

Local government expert Tofail Ahmed was astonished at how the CEC could make such comments over the issue.

"She uses the government house for her party work. If action cannot be taken, then at least the EC should have sent a letter seeking explanation over it. If the party seeks an apology, the EC can do so then. But making such comments may trigger violations of code conduct among the candidates," he added.