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Download PDF The Election Commission (EC) has asked the government to repeal the existing Electoral Rolls Ordinance to dispel fears of legal controversy over the voter listing and proposed for making a new law to prepare a fresh voter list with photographs.
In a sudden move, the EC sent a draft to the government on Tuesday for enacting a new law, retreating from its earlier stance on amending the Electoral Rolls Ordinance 1982, sources said.
In the draft law, the EC also suggested introduction of a tough provision for punishment against creating any obstacle to the preparation of the voter roll, which will officially kick off in Rajshahi City Corporation (RCC) area on August 5, and in other areas in phases.
“If anyone creates any obstacle to preparing the voter list, he or she will be punished with highest six months imprisonment with a fine of Tk 2,000,” a source said quoting the EC proposal.
Discouraging or asking someone not to register their names in the voter list with photographs by visiting voter registration centres will be considered as a punishable offence under this law, he added.
Besides, the EC sought power to formulate rules and authority to ask any government offices to provide information, if necessary, for preparing the voter list.
Interestingly, the Council of Advisers on July 21 approved in principle the previous EC proposals to amend the Electoral Rolls Ordinance, 1982.
The draft of Electoral Rolls Ordinance (amendment) 2007 was also sent to the law ministry for scrutiny. The law ministry, however, sent it back to the EC on last Thursday with some queries and asked to change the language of the proposals to Bangla.
On Sunday and Monday, the EC held meetings over the issue and looked for options to avoid further controversy and conflict with a Supreme Court (SC) verdict regarding the voter list.
The meetings also reviewed the previous bitter experiences in preparing the voter list. In the past one year, the SC declared the voter list prepared for the stalled ninth parliamentary elections null and void, as it was prepared ignoring the electoral laws and court directives.
Some legal experts have also questioned the EC move to prepare the voter list with photographs despite the SC directives for updating the existing electoral voter list in line with the current electoral rolls ordinance.
Amid growing concern over the fate of the new venture of the voter list with photographs, the EC finally decided to go for a new law repealing the existing electoral rolls ordinance, sources said.
The EC now hopes that the council of advisers will approve its proposals in its next meeting and the president will promulgate an ordinance to make the new law, as the chief adviser is scheduled to inaugurate the field level task for preparing the voter list in Rajshahi on August 5. However, the field level task in the area began unofficially from July 29.
Officials in the Cabinet Division said the proposals would be placed in the next meeting of the Council of Advisers.
“It’s is now our target to include the Election Commission’s proposals in the meeting agenda whenever it is held,” a senior official told The Daily Star.
Election Commissioner Muhammed Sohul Hussain on Monday told The Daily Star that the EC is moving to change the Electoral Rolls Ordinance, 1982 for preparing the voter list with photographs in such a way that it will not come in conflict with the court’s directive.
The SC guidelines for preparing the voter list will have no effect if the original law, Electoral Rolls Ordinance 1982, is repealed.
In addition, the Electoral Rolls Rules 1982 formulated under the authority of the above-mentioned ordinance, will also turn ineffective once the ordinance is repealed.
The EC will formulate new rules, if necessary, for preparing the voter list with photographs.
March 5th, 2008 at 3:37 pm
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