Electoral malpractices: Problems and prescriptions

Looking back one may find that small level forgery, forcible closure of voting through muscle flexing by bullies of the party, voting by impersonation in some constituencies were resorted to by a section of the political party, particularly in the sensitive or remote areas of the country. By and large these did not attract serious attention as it most often did not significantly affect the national polls. The situation, however, changed ominously as extra-constitutional rule descended on the body politic and the period between 1982 to 1988 saw some of the worst electoral malpractices that were legally punishable and morally reprehensible, to say the least. Sadly for the nation, the public services of the country that included subordinate magistracy and the enforcement apparatus, amongst others, played a pathetically energised and ignominious role in the shameful stage managed election at the behest of a malevolent autocrat. Expressions like 'Media Coup' became known for the first time in our part of the world where despite the economic adversity the general population and the election managers could be proud of tolerably healthy electoral practices.

The fall of autocratic rule in December 1990 raised hopes about fair election but unfortunately the democratic aspirations got a rude jolt at the irregularities of the now lamented 'Magura bye-election' and the least participated February 1996 national polls. Continuous agitation and 'hartals' by the then opposition parties shortened the tenure of the government that followed the February 1996 election and the concept of a non-partisan and neutral Caretaker Government was accorded the constitutional recognition. However, this arrangement has not been fully successful in assuaging the fears of a biased and rigged election.

It is pertinent to note that the Caretaker Government only oversees the national election while subsequent elections like bye-elections for parliament and other elections to the local bodies are held during the incumbency of an increasingly overbearing and interfering party government. The recent experience of Dhaka-10 bye election for a parliamentary seat does not bode well for a fair election scenario.

The malpractices
Against the above backdrop it may be worthwhile to dwell on the electoral malpractices that has characterised our polls in the hope that demonstrable countervailing measures are taken in time. Some of the malpractices are listed below:

Corrupting the election environment

1. Resorting to vote purchase by open disbursement of cash and kind like mobile phone, bicycles, clothes etc to the vulnerable section of the voting population.
2. Restraining the actual voters from voting by means of intimidation/threats and resorting to inspired fray/altercation. This technique is used to scare away the weaker section of the population, particularly the religious minorities.
3. Scaring and driving away the voters by motivated use of the law enforcement personnel in the form of unnecessary preemptive arrest, torture and consequent spreading of fear.

Vote forgery

1. Forcibly taking control of some voting centres for a definite time for applying pressure to vote for partisan candidate.
2. Printing of excess ballot papers and its illegal distribution.
3. Excessive false vote casting resulting in more votes cast than the approved number of a particular centre.
4. Massive vote-rigging in areas which are inaccessible communication wise.

Vote counting

1. Ulterior arrangement and provision of excess ballot papers/boxes in collaboration with election officials.
2. Rigging the counting process by resorting to removal of some ballot boxes, interfering and changing the tabulation, changing/altering the cancelled votes, changing the votes in favour of particular candidate.
3. Causing disappearance of ballot boxes during their movement from polling centre to the District headquarters.

Deliberate disturbance at polling centre for facilitating forgery:

1. Fixing dummy candidate and consequent appointment of fictitious agents with a view to undermining the opponent.
2. Appointing partisan observers to exert unhealthy influence and commit forgery.

Mismanagement and administrative manipulation

1. Providing incorrect voters list to a candidate and using another at the polling centre.
2. Appointment of partisan election officials and arranging excess ballots or presenting/stuffing the ballot boxes in collusion with such partisan personnel.
3. To stall voting on the pretext of minor problem and conveniently commencing later in the absence of agents of opposing candidate.
4. Cancelling the entire voting process of a centre after counting and preliminary announcement of results.
5. Misleading the Election Commission by transmitting the lead of the losing candidate.

Some suggestions

1. As far as practicable the computerisation of voters should start from now along with provision of photograph for each voter in the list. The final voters list should be completed fifteen days before the election commencement. Each contesting candidate should be provided with the concerned voter list.
2. Vote casting through electronic system can be introduced at least in the urban areas along the lines practiced in neighbouring India. Alternatively, transparent ballot boxes may be arranged to avoid malpractice.
3. All candidates should be provided with the list of concerned presiding, polling officers and their assistants at least 15 days prior to the election. Any objection by the candidates in this regard should be sorted at the same time. Similarly, the list of polling centres should be distributed and publicised at the same time.
4. The counting of ballots shall be held in presence of all agents and unnecessary gathering/assembly of persons during such counting must not be allowed.
5. The maximum number of ballots per polling booth may be limited to 350. Votes cast in excess of this number will result in the cancellation of the election at such booth or centre.
6. Election may be staggered over a period of one week. On each day such election may be held at a maximum of 9000 centres. Accordingly, distribution of election officials and law enforcement personnel may be worked out.
7. The counting of votes may be held on the last day of election. The ballot boxes of earlier held polling may be kept at designated secure places. The counting of last day's poll may be done at the concerned polling centre.
8. The Armed Forces personnel may be utilised in guarding the aforementioned ballot boxes at designated places.
9. There should be a definite policy for appointing presiding and polling officers and their assistants. All political parties should be able to concur on this policy. All election officials may be drawn from government if election is held over a week.

   This will minimise bias and friction.

Election observers
Some preventive measures like the following may be taken to forestall untoward happenings.

1. In respect of election observation group and related matters there can be a steering committee in each district along with an all-party observer team for each constituency.
2. National level election observation organisations have to be registered at least six months prior to the election and this should be widely publicised for the benefit of public information. Their functions and responsibilities should be fixed.
3. Information about foreign observer groups may be declared at least one month prior to the election. They may be sent to violence-prone and far-off polling centres.
4. Identity papers/cards for the observers should be issued by the Election Commission. This should be done 15 days prior to the election date.

Ballot paper printing and vote cancellation

1. In order to avoid complication or dispute the opinion of all political parties may be sought in this regard. Specifically, comments may be solicited from proposed all party observation team.
2. The laws or rules regarding cancellation of casted votes should be definite and clear. Similar measure should be taken in matters of acceptance/rejection of nomination papers.

The Election Commission has, undoubtedly, a pivotal role in the conduction of a fair and orderly election with the help and support of field level administrative officials along with enforcement functionaries including the Armed Forces personnel. The cooperation and proper performance of the support organisations can be ensured by a tough and demonstrably efficient Election Commission. Unfortunately, this has not been possible due to structural deficiencies and personality factors. Within the existing provisions the Election Commission can still stand tall and make all concerned realise that in matters pertaining to a credible poll they are in charge and everything shall be under their watch.

Muhammad Nurul Huda is a former Secretary and IGP