RPO overhaul empowers Election Inquiry Committees to conduct summary trials of electoral offences

The government has issued a gazette notification amending several sections of the Representation of the People Order (RPO) just ahead of the 13th national parliamentary election and the upcoming referendum. 

The changes, announced this week, affect postal ballot procedures, the powers of returning officers, and the judicial authority overseeing elections.

One of the most significant amendments grants the Election Investigation and Adjudication Committee enhanced authority. 

Section 91 of the RPO has been revised to allow the committee to conduct summary trials of specified electoral offences. The committee is empowered to act under the First Class Magistrate provisions of the Criminal Procedure Code, take up certain cases, and forward matters to competent courts for trial. 

Election Commissioner Abdur Rahmanel Masud told The Business Standard, "There will be an Electoral Inquiry and Adjudication Committee. They will adjudicate and can also conduct criminal trials. The committee may start functioning from the date of the election schedule announcement."

Previously, electoral complaints were handled through a pre-poll monitoring framework based on 300 constituencies, which will remain unchanged.

A new provision, Section 89A, mandates that officials assisting investigations provide full support. Police Superintendents, Police Commissioners, local OC-in-charges, and officers-in-charge of forces assigned to elections must extend assistance, including striking forces, to the investigating officer, and failure to cooperate will be treated as misconduct or negligence. 

Returning Officers and Assistant Returning Officers are also required to provide the committee with all necessary support. 

Postal ballot procedures specified

The gazette also introduces specific rules for postal ballots, modifying Sections 27(10) and 37. 

Postal ballots can be invalidated if a voter fails to mark a tick or cross against any candidate, marks more than one candidate, makes an ambiguous mark where the voter's intention cannot be reasonably determined, or if the ballot does not reach the Returning Officer before counting. 

Ballots may also be voided if a court orders changes to the candidate list for the constituency or if a voter fails to declare their intent. To ensure proper counting, Returning Officers' offices will now serve as designated counting centres for postal ballots. 

A Presiding Officer, assisted by polling officers, will open ballots in the presence of rival candidates or their election agents, count the votes according to the commission-approved procedure, and submit certified results promptly to the Returning Officer, who will integrate them with the constituency's overall results.

Updated result announcement procedure

Section 39 of the RPO has also been amended to reflect the new procedures. After counting, the Returning Officer will declare the candidate with the highest votes as elected and issue a public notification including all candidates' names and the total votes each received. 

The amendments aim to ensure transparency, strengthen investigative authority, and reduce disputes over postal ballot counting, addressing long-standing gaps in the electoral process.