Election Code of Conduct: Parties and candidates must submit separate undertakings; parties to pay fines for candidate's violations

For the first time, all political parties and candidates will be required to sign separate undertakings pledging to comply with the election code of conduct. The Election Commission (EC) has introduced this new provision.

Under the code of conduct, if a candidate violates the rules, the registered political party that nominated them may also face financial penalties. However, party representatives and election experts say the guidelines should clearly spell out the process for imposing such penalties. The EC, meanwhile, says further clarification may be issued through circulars if needed.

According to the undertaking to be submitted by political parties, they must pledge to comply with all provisions of the code of conduct, and submit an undertaking in the format prescribed in Schedule-1 at the time of filing nomination papers.

The undertaking reads, "I hereby pledge that my party and all candidates nominated by my party will abide by all provisions of the 'Code of Conduct for Political Parties and Candidates in Parliamentary Elections 2025'. If my party or any candidate nominated by my party violates any provision of this code, we shall be bound to accept the penalties imposed under the relevant laws and regulations."

The document must be signed by the party chairperson or an equivalent office holder, or by the general secretary or an equivalent office holder.

The candidate's undertaking states, "Once a person is declared a candidate, they must submit an undertaking in the format prescribed in Schedule-2, pledging to comply with all provisions of the code of conduct. If the candidate or any of their election associates violates the code, they will be bound to accept penalties under applicable laws and rules." The candidate and two witnesses must sign the document.

During a dialogue with the Election Commission, Supreme Court lawyer and Jamaat-e-Islami representative Shishir Monir raised questions about the system of penalties for parties and candidates.

"Suppose I violate the code of conduct and receive a six-month sentence. At the same time, my party will also have to pay a fine of Tk1.5 lakh — that is what it appears now. How will a party be punished for an individual's offence? This is unclear," he said.

Zahirul Islam Musa, joint member secretary of the National Citizen Party (NCP), told The Business Standard, "We welcome the move to take undertakings from both parties and candidates for the first time. The party is pledging that its candidates will follow the code, and the candidate is giving a separate pledge to do the same."

On the issue of penalties, he said, "If a candidate violates the code, the maximum punishment is cancellation of candidature; fines may also apply. For a party, cancellation of candidature does not arise — fines can be imposed on the party."

"This is a good step — a common framework was necessary," he added. "Otherwise, the culture of parties avoiding responsibility would have continued. Still, it would have been better if the provisions on penalties for candidates and parties were made clearer."

During the dialogue, Election Commissioner Brigadier General (Retd) Abul Fazal Md Sanaullah explained the background to the new code, noting that the EC may issue circulars for further clarification if required.

"Most of the provisions in the code of conduct are based on recommendations from the Election Reform Commission," he said adding, "We published a public notice in newspapers and uploaded it on the website. Various parties and individuals shared their views, which were incorporated before finalising the code."

Under the code of conduct, a candidate who violates the rules may face up to six months' imprisonment and a fine of Tk1.5 lakh, while a political party may be fined Tk1.5 lakh. The Representation of the People Order (RPO) also allows for cancellation of candidature for violations.

Election expert Md Abdul Alim told TBS, "I do not support punishing the party when a candidate violates the code of conduct. If a candidate violates the code, the candidate should be punished."

However, he added that parties may warn their candidates, since violation of the code could lead to cancellation of candidature.

He further said that party headquarters run campaigns across the country in various ways. "For example, if a party chief travels from Dhaka to Mymensingh, they may use a helicopter. But they cannot drop leaflets or campaign materials from the helicopter. If they do, it will be considered a violation. In such cases, punitive measures could also be taken against the party under this code."

For the first time, the use of posters in election campaigns has been banned. Drones may not be used in election campaigning. The code also prohibits campaigning abroad.

A candidate may not use more than 20 billboards in their constituency. The code also prohibits the use of artificial intelligence (AI) with malicious intent in any election-related matter, including campaign activities. There are several other provisions included in the code as well.