“Independence of Election Commission under the Constitutional Mandate of Bangladesh and other Statutory Provisions

Abstract

Election Commission an independent constitutional body entrusted with the responsibility of holding national and local government elections. It announces schedules of elections, delimits constituencies, prepares electoral rolls, supervises elections, announces election results and establishes election tribunals to settle election disputes. Part VII of the constitution of the Peoples Republic of Bangladesh defines the composition, powers and functions of the Election Commission. Article 118 of the Bangladesh Constitution provides for the establishment of an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time direct, and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President. When the Election Commission consists of more than one person, the Chief Election Commissioner is to act as its chairman. Under the Constitution, the term of office of any Election Commissioner is five years from the date on which he enters upon office. A person who has held office as Chief Election Commissioner is not eligible for appointment in the service of the Republic. Any other Election Commissioner is, on ceasing to hold such office, eligible for appointment as Chief Election Commissioner, but is not eligible for appointment in the service of the Republic. At present, Bangladesh Election Commission consists of three members including the Chief Election Commissioner. The Election Commission is constitutionally oath-bound to ensure free and fair elections to the office of President of the Republic, and to Jatiya Sangsad and local government bodies. The Election Commission maintains close relations with all political parties. On matters of election schedule, election process and overall arrangements for elections, dialogue is initiated with all political parties. Discussion on issues relating to voter registration, preparation and updating of electoral rolls and relevant matters is also held with contesting political parties.