The Election Commission (EC) has finalised the draft of the Representation of the People Order (Amendment) Ordinance, 2025, proposing to bar fugitives from elections and introduce a ‘No Vote’ option in single-candidate constituencies to avoid uncontested polls.

“We’ve sent it (draft law) to the law ministry by finalising it,” said Election Commissioner Brig General (retd) Abul Fazal Md Sanaullah while briefing reporters about the proposed changes in the RPO at Nirbachan Bhaban in Dhaka on Wednesday, September 3.

In the draft law, the definition of law enforcement agency has been expanded to include the armed forces – Army, Navy and Air Force, which pave the way for the armed forces to act as law enforcing agencies in the election like other traditional agencies including police, armed police battalion, Rab, Ansar, BGB and coast guard.

The Armed Forces had earlier been included in the definition of law enforcement agencies, but the Awami League government dropped them during its first term after the 2008 general election. As a result, the armed forces were deployed as just striking forces in the past three general elections in 2014, 2018 and 2024.

As per the proposed amendments, alongwith the nomination paper a candidate must submit income tax return, probable sources of his income both at home and abroad, a statement of property of his own and his dependents both at home and abroad.

Furnishing false information in the affidavit could lead to the annulment of their parliamentary membership anytime during the tenure.

The proposed amendment raised the election security deposit from Tk 20,000 to Tk 50,000 and made it mandatory for an alliance-backed candidate to use his own party’s symbol, not allied party’s symbol, and disqualified a person who is the president or holds any other office in the managing committee of any educational institution located in the relevant constituency for the election.

Talking about the fugitive, Sanaullah said a person who has been declared a fugitive by any court shall be disqualified for election or for being a member (of parliament).

About the ‘No Vote’ option, the election commissioner said if there is a single candidate in a constituency must contest with ‘No Vote’ option for a single time.

According to the Article 19 of the draft RPO, if there is only one candidate after the withdrawal of candidacy, the election shall be held between the sole candidate and the ‘No Vote’ option.

If the number of ‘No Vote’ exceeds the number of votes received by the contesting candidate, a fresh election shall be held in that constituency by announcing a fresh schedule. But there shall be no ‘No Vote’ option in the subsequent election and if there is also a single candidate, then he shall be declared elected.

About the authority of the presidential officer, Sanaullah said the draft law enhanced the authority of a presiding officer to stop the polling of a polling station. “The presiding officer will be all-in-all over the polling of a polling station,” he said.

As per the draft law a presiding officer could stop the polling, if it is interrupted beyond control, or if ballot boxes are unlawfully removed, destroyed, lost or tampered to such extent that the result of the poll at the polling station cannot be ascertained.

The current RPO does not permit a presiding officer to stop polling before seeking help from law enforcement agencies and failing to restore order.

The draft law will turn into a law if the council of advisers approves it and then the President promulgates an ordinance following the vetting by the law ministry.

Source: UNB