RPO amendment ordinance: Alliance candidates must contest polls under own party symbols

The president has issued an ordinance on the amendment of the Representation of the People (RPO), keeping the provision that in an electoral alliance, candidates will have to contest the national election under their own party symbol.

Under the amended ordinance issued Monday night, any registered political party joining an alliance for the upcoming 13th general election will still be required to contest under its own electoral symbol. This means alliance-nominated candidates cannot use the symbol of a more prominent or partner party.

According to officials concerned, the ordinance brings several landmark reforms to the election process. 

These include the introduction of the "No Vote" option against any uncontested candidate, the repeal of all provisions related to Electronic Voting Machines (EVMs), the inclusion of postal voting facilities for expatriates, and the classification of spreading false information or "fake news" through digital media as a punishable corrupt practice.

Opposition

The draft amendment was granted policy approval by the interim government's Advisory Council on 23 October. Following this, the BNP formally objected to Article 20 concerning alliance symbols, while Jamaat and the NCP supported the amendment.

Following the ordinance, BNP Chairperson's adviser Syed Moazzem Hossain Alal told TBS, "The ordinance was issued without any discussion with us."

He added, "Our highest decision-making forum will now take a final stance on this matter."

Meanwhile, Biplobi Workers' Party General Secretary Saiful Haque met the chief election commissioner today (4 November) to express dissatisfaction over the amendment. 

"There should have been consultations with political parties before finalising the RPO," he said. "No such discussion took place, and the amendment has already been gazetted. This is not a considered decision."

'No vote'

If there is only one valid candidate in a constituency, the election will be held between that candidate and the "No Vote" option. If the candidate receives more votes than the "No Vote" option, they will be declared elected.

However, if the "No Vote" count is higher, the returning Officer will announce a new schedule for a re-election in that constituency. If, in the re-election, there is again only one candidate and they receive fewer votes than the "No Vote" option, that candidate will still be declared elected (this provision will apply only for the second election).

Allowing media personnel to observe vote counting

Previously, only contesting candidates or their agents and election observers were permitted to be present during the counting. The amendment now includes the term "media personnel" among those allowed to attend the vote counting process.

Postal ballot for expatriates

The scope of postal voting has been expanded to include Bangladeshi voters residing abroad. Voters must register for postal ballots through a digital platform designated by the Commission. 

Each postal ballot will carry a unique identifier to personalise it and track its activities. Other eligible postal voters include individuals working in government service in other areas, those in prison or lawful custody, and officials assigned election duties.

Fake news punishable by law

A new Article 73A has been added to the RPO. From the publication of the election gazette until the announcement of results, deliberately creating, publishing, promoting, or sharing false or misleading information, images, videos, audio, or AI-generated content aimed at damaging a candidate's reputation or disrupting the electoral environment will be considered a corrupt practice. 

Individuals, political parties, campaign organisations, or media outlets involved will be jointly liable and punishable by law.

Requirements for candidates

A person declared a fugitive by any court will be disqualified from becoming an MP. A new sub-clause (Article 12(1)(aa)) has been added to the RPO in this regard.

The candidate's security deposit during nomination submission has been increased from Tk20,000 to Tk50,000.

If any dispute arises after the election regarding an MP's disqualification, the Election Commission may, on its own initiative or upon receiving information, hold a hearing and settle the matter. The Commission's decision will be considered final (Article 12(8)).

EC can cancel election, suspend result, hold re-election

If the Commission is convinced that due to coercion, intimidation, corruption, or an Act of God, a fair and lawful election cannot be held, it may stop the election at any stage – in any polling center or the entire constituency.

Also, if credible information confirms that intimidation, manipulation, or irregularities seriously affected a polling center's results, the Commission may withhold the results, investigate, and either publish or cancel them, ordering a re-poll if necessary.

Other key provisions require candidates to resign from educational institution committees, bar anyone on private school, college, or madrasa governing bodies from contesting, allow the army to assist law enforcement for the first time in 15 years, impose a Tk1.5 lakh fine for party code violations, and empower the Commission to act post-election if affidavits contain false information.