Bangladesh RPO Ordinance: Judicial Power and Postal Ballots

Bangladesh has issued a new ordinance amending several articles of the Representation of the People Order (RPO) ahead of the upcoming 13th parliamentary election and referendum, both expected in February next year. The changes focus on streamlining postal ballot counting procedures and significantly enhancing the authority of election investigation and judicial committees.

Postal Ballot Rejection Grounds (Replaces Article 27, Clause 10): No tick or cross mark is placed against a symbol. More than one symbol is marked. The mark is unclear, obscuring the voter's choice. The returning officer receives the ballot after counting has begun.

A court changes the list of candidates in that constituency. The voter fails to submit the required declaration form.

Postal Ballot Counting Procedure (New Sub-section, Article 37(37A)): The returning officer’s office will serve as a dedicated polling station solely for counting postal ballots. A presiding officer and polling officers will be appointed for the count. The counting will occur in the presence of contesting candidates or their agents following the Election Commission’s prescribed procedures. Results will be sent to the returning officer to be added to the constituency's consolidated tally.

Declaration of Results (Amended Article 39): After counting, the returning officer must issue a public notice declaring the winning candidate. The notice must list the total votes received by each candidate.

Mandatory Assistance for Investigators (New Section 89A): Relevant authorities are now compulsorily required to assist investigators appointed for election duties. Superintendents of police, police commissioners, local police chiefs, and commanders of security forces must provide all necessary support, including a striking force if needed. Failure to cooperate without reasonable cause will be treated as incompetence or misconduct. Returning and assistant returning officers are also bound to cooperate fully.

Expanded Powers for Judicial Committee (Amended Article 91A): The election investigation and judicial committee is granted enhanced authority, including the jurisdiction to conduct summary trials for specific offenses. The committee can now exercise the powers of a first-class magistrate under the Code of Criminal Procedure.

It can take cognizance of certain offenses and forward cases to the appropriate court when necessary. The mandatory assistance requirement (Section 89A) also applies to the judicial committee.