The weak UP poll code

Amended rules will fail to deter rouge candidates and electoral misdeeds; rectification is a must

Having experienced the unwholesome realities in the recently held civic polls it was expected that in the 2016 UP polls, the Election Commission (EC) would take bold and effective measures to amend its code of conduct with tougher laws - to deter rouge candidates from trying to influence election results and causing violence and destruction, introduce exemplary punishments and most importantly, close all doors to ballot-rigging. Sadly, that sincere drive to bring about the much desired change within the EC’s UP code of conduct has happened not for the better but for the seemingly worse. More sadly, the elections are to be conducted in the light of same old and even weaker and faulty rules, hinting the gloomy scenario of 2014 polls re-enactment.
First, the latest code of conduct for the UP polls has missed out the provision to cancel candidature. It means that the EC would be devoid of any authority to cancel candidacy, against a candidate indulging in gross violation of conducts. Astonishing as it may sound, the provision to cancel candidature was actually in existence during the last polls. Why has it been unjustifiably scra­pped? According to EC sources, the law ministry did not approve of the candidacy cancellation proposal. We expect a quick and clear explanation from the law ministry in this regard. What’s more, the scrapping prevents continuity of previous laws.
Second, under the provisions of the present code of conduct, the lone punishment for violation of rules is - imprisonment for a maximum of six months, or a maximum fine of Tk. 10,000 or if necessary both together. The fine amount too, has been reduced, compared to previous elections when the maximum fine was fixed at Tk. 50,000. The decrease in amount lacks a clear logical reasoning.
Third, since the UP polls will be held under party symbols, so the particular political party or organisation nominating the candidate will actually be held responsible for violation of the poll conduct coupled with a mere fine of Tk. 10,000. Clearly, electoral violence, excessive illegitimate spending and similar corruptions cannot be deterred with such puny punishment and fine. Moreover, the nature of violation of the entire electoral code has been changed with newer loopholes.
We note with great alarm, with important provisions dropped and turning weak articles to weaker the EC has deliberately chosen to walk along the path of self-destruction. However, with barely 35 days left to the first phase of the elections, it can still re-amend and modify its objectionable laws.    
It isn’t that the EC does not have the necessary power or mechanism to hold free and fair election. Therefore, it must resort to appropriate means of alteration. A delayed election conducted with a sturdy and proper rulebook is more appreciable than holding a timely election conducted with a weak and flawed rulebook.

The weak UP poll code

Amended rules will fail to deter rouge candidates and electoral misdeeds; rectification is a must

Having experienced the unwholesome realities in the recently held civic polls it was expected that in the 2016 UP polls, the Election Commission (EC) would take bold and effective measures to amend its code of conduct with tougher laws - to deter rouge candidates from trying to influence election results and causing violence and destruction, introduce exemplary punishments and most importantly, close all doors to ballot-rigging. Sadly, that sincere drive to bring about the much desired change within the ECs UP code of conduct has happened not for the better but for the seemingly worse. More sadly, the elections are to be conducted in the light of same old and even weaker and faulty rules, hinting the gloomy scenario of 2014 polls re-enactment. First, the latest code of conduct for the UP polls has missed out the provision to cancel candidature. It means that the EC would be devoid of any authority to cancel candidacy, against a candidate indulging in gross violation of conducts. Astonishing as it may sound, the provision to cancel candidature was actually in existence during the last polls. Why has it been unjustifiably scrapped? According to EC sources, the law ministry did not approve of the candidacy cancellation proposal. We expect a quick and clear explanation from the law ministry in this regard. Whats more, the scrapping prevents continuity of previous laws. Second, under the provisions of the present code of conduct, the lone punishment for violation of rules is - imprisonment for a maximum of six months, or a maximum fine of Tk. 10,000 or if necessary both together. The fine amount too, has been reduced, compared to previous elections when the maximum fine was fixed at Tk. 50,000. The decrease in amount lacks a clear logical reasoning. Third, since the UP polls will be held under party symbols, so the particular political party or organisation nominating the candidate will actually be held responsible for violation of the poll conduct coupled with a mere fine of Tk. 10,000. Clearly, electoral violence, excessive illegitimate spending and similar corruptions cannot be deterred with such puny punishment and fine. Moreover, the nature of violation of the entire electoral code has been changed with newer loopholes. We note with great alarm, with important provisions dropped and turning weak articles to weaker the EC has deliberately chosen to walk along the path of self-destruction. However, with barely 35 days left to the first phase of the elections, it can still re-amend and modify its objectionable laws. It isnt that the EC does not have the necessary power or mechanism to hold free and fair election. Therefore, it must resort to appropriate means of alteration. A delayed election conducted with a sturdy and proper rulebook is more appreciable than holding a timely election conducted with a weak and flawed rulebook.