AL, BNP look for loopholes to make elections participatory

by Pavel Haider Chowdhury & Salman Tarek Shakil in Dhaka Tribune, July 10, 2017
The ruling Awami League (AL) and Bangladesh Nationalist Party (BNP) are reportedly looking for ways to reach a compromise on participatory elections keeping Prime Minister Sheikh Hasina as head of election-time government.
Seeking anonymity, leaders from both parties have said there is a possibility they will come to an agreement on when to dissolve the parliament before the 11th parliamentary elections keeping Prime Minister Sheikh Hasina as the head of government during and post elections, before handing over power to the prime minister-elect.
BNP’s stance on the election has always been that they will not participate in the elections under the current government. BNP leaders have repeatedly said they will not take part in the polls under a partisan government under any circumstances and the party chairperson Khaleda Zia’s proposal on poll-time government may also include a proposal for the dissolution of the 10th national parliament, party leaders have said.
AL leaders have indicated that they might meet this demand from the BNP. In their opinion, even if the parliament is dissolved, the prime minister will still hold her position under Article 57, Section 3 of the constitution, which details the terms on the tenure of the prime minister.
It says: “Nothing in this article shall disqualify Prime Minister for holding office until his successor has entered upon office.”
The likelihood of dissolving the parliament is still slim, say top leaders of the ruling party. They also argue that dissolving the parliament would affect the morale of grassroots activists and the ruling party would be morally defeated even before the country goes to the polls.
The election will be held under the constitutional guidelines is the ruling party’s staunch stance on the issue. This is something the BNP leaders are aware of and are planning to come to terms with the government position on this.
The question that plagues the BNP right now is what will the election time government look like under the constitutional guidelines?
BNP Chairperson Khaleda Zia has hinted at her position on this during a programme on July 1, saying: “Free and fair elections will have to be held under an impartial government that is separate from the current government.”
Awami League General Secretary and Road Transport and Bridges Minister, Obaidul Quader, said: “The next election would be held under the constitutional provisions. No compromise will be made in this case. The election would be held under Sheikh Hasina as stated in the constitution, we will follow this rule.”
“We talk of the Constitution, but did the constitution not have a provision for a caretaker government during the elections?” says BNP leader and standing committee member Dr Khandker Mosharrof Hossain.
“Keeping the national interest in mind and the will of the people, the elections in 1991 was led by Justice Shahabuddin Ahmed (caretaker government) and this election will be like that too,” he said.
His opinion is that if the government wants to then they can amend the constitution and add the provision for a caretaker government.
When asked about reaching a compromise on when to dissolve the parliament, Mosharrof said: “This too depends on the goodwill of the government. We want to take part in the elections and it is the responsibility of the government to take us to the elections.”
Two top leaders of the ruling party, wishing not to be named, said: “The compromise may be made on when the elections are held. Three months before or after the tenure of the 10th parliament.
“It will be most likely held after, because then there will be no parliament, but the prime minister and the cabinet would stay. Compromises on the matter of constitutional provision for dissolving parliament may be discussed.”
According to Article 123, Section 3 of the constitution that stipulates the time for holding elections, it says: “A general election of the members of Parliament shall be held- in the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution ; and in the case of a dissolution otherwise than by reason of such expiration, within ninety days after such dissolution.”
Pro-BNP political scientist Emajuddin Ahmed said: “Section 123 of the constitution allows the holding of elections both before and after nine days of expiry of the term of parliament. BNP is moving ahead with that in mind.”
On the other hand, two top leaders of ruling party said: “BNP’s poll-time supporting government proposal has to be in line with constitution. If they consider that as supporting government and are ready to take part under that government then they are most welcome to do so.”http://www.khaama.com/taliban-to-be-designated-as-global-terrorists-if-pursues-violence-ghani-03110
According to policymakers, the core proposal from AL for next general election is that everything has to be according to the constitution, which indicates holding the next election under leadership of Sheikh Hasina.
However, the government will not take any single step if the BNP insists on a caretaker government and not adhere to the constitution, they added.
Ruling party’s joint secretary general Mahbubul Alam Hanif said: “The next general election would be held under Sheikh Hasina as per constitution. If the BNP is ready to take part under this system, they can call it a supporting government.”
Although the BNP leaders are publicly saying nothing about holding the election under Sheikh Hasina, they privately admit that there is no other option left for the BNP right now.
When asked if the BNP is happy to reach a compromise in keeping Sheikh Hasina as the head (of election time government), BNP standing committee member Dr Khandker Mosharrof Hossain avoided a direct answer.
“Everything can be done if there is goodwill from the government. Awami League has conducted a survey by three intelligence wings that found the party is not in good standing with the people. People want to vote and elect their representatives. But a level playing field is necessary to do that,” he said.
Before the last general election held on January 5, 2014, Prime Minister Sheikh Hasina made a phone call to BNP chairperson Khaleda Zia and offered her five ministerial posts, http://www.dhakatribune.com/bangladesh/politics/2017/07/10/al-bnp-look-loopholes-make-elections-participatory/including home ministry.