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Saturday, December 27th, 2008
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Judicial magistrates are facing difficulties in discharging their duties of trying electoral offences in the upcoming parliamentary polls due to non-cooperation of local administration.

Many of the judicial magistrates yesterday informed the Election Commission (EC) Secretariat about the problems, sources said.

They also requested the EC Secretariat to immediately issue instructions to district administration to cooperate with the judicial magistrates in their job. But it did not issue any such instructions until last night, officials said.

The establishment ministry, which appoints deputy commissioners and upazila nirbahi officers who are chiefs of the district and upazila administration, had earlier appointed 319 executive magistrates to run mobile courts for holding trial of electoral offences.

But the ministry’s bid did not work as the Supreme Court (SC) viewed that only judicial magistrates could try electoral offences as executive magistrates do not have the authority to do the job.

The EC then sought approval of the SC for assigning judicial magistrates to try polls offences.

Following the SC’s approval, the EC on Wednesday assigned 286 judicial magistrates. But the EC Secretariat took two days to get the gazette notification on it published.

Finally, the judicial magistrates started doing their job yesterday.

But on the very first day, they faced non-cooperation of the field level administration who did not provide them logistic support like transport. So, they could not move to different places to watch whether any electoral offences were being committed, a number of judicial magistrates told the EC Secretariat over telephone.

As per the gazette notification, judicial magistrates will take cognisance of electoral offences till December 31. They will hold summary trial in their specified constituencies.

As per the RPO, judicial magistrates are assigned to hold trial of electoral offences that include interfering or attempting to interfere when a voter casts vote, defacing or destroying ballot paper, creating obstacles to polling or counting of votes, resorting to violence, and intimidating voters or those involved in polls activities or duties.


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