Information on Bangladesh electoral system
1.1
Bangladesh started its journey with Parliamentary System of Government, then
switched over to Presidential System and in 1991 reverted back to Parliamentary
system.
According to
Article 65 of the Constitution there is a Parliament (known as Jatio Sangsad)
in which, subject to the provisions of the Constitution, the legislative powers
of the Republic are vested.
Parliament
consists of three hundred members elected in accordance with law from single-member
territorial constituencies. Besides this there was a provision for thirty seats
reserved exclusively for women members up to the year 2000 who were elected
according to law by the members of Parliament. Parliament has a tenure of 5
years unless dissolved sooner.
1.2 General
Election of Members of Parliament : The general election of members of
Parliament is held within ninety days after Parliament is dissolved, whether by
reason of the expiration of its term or otherwise than by reason of such expiration
[Article 123 (3) of the Constitution].
1.3
Qualifications and Disqualifications for Election to Members of Parliament : A
person is qualified to be elected as a member of Parliament if he is a citizen
of Bangladesh and has attained the age of twenty-five years.
A person is
disqualified for election as, or for being, a member of Parliament who-
(a) declared
by a competent court to be of unsound mind ;
(b) is an un
discharged insolvent ;
(c) acquires
the citizenship of, or affirms or acknowledges allegiance to, a foreign state;
(d) has
been, on conviction for a criminal offence involving moral turpitude, sentenced
to imprisonment for a term of not less than two years, unless a period of five
years has elapsed since his release;
(e) holds
any office of profit in the service of the Republic other than an office which
is declared by law not to disqualify its holders; or
(f) is
disqualified for such election by or under any law.
Further,
Article 12 of the Representation of the People Order, 1972 provides that any
elector of a constituency may propose or second for election to that
constituency, the name of any person qualified to be a member under the
Constitution :
Provided
that a person shall be disqualified from being elected as, and from being, a
member if he/she -
(a) is a
person holding any office of profit in the service of the Republic or of a
statutory public authority :
(b) whether
by himself / herself or by any person or body of persons in trust for him/her
or for his/her benefit or on his/her account or as a member of a Hindu
undivided family, has any share or interest in a contract, not being a contract
between a co-operative society and Government for the supply of goods to, or
for the execution of any contract or the performance of any services undertaken
by, Government; and
(c) is a
bank defaulter.
1.4 Election
Commission: According to Article 119 of the Constitution the superintendence,
direction and control of the preparation of the electoral rolls for elections
to the office of President and to Parliament and the conduct of such elections
vest in the Election Commission which shall, in accordance with this
Constitution and any other law -
(a) hold
elections to the office of President ;
(b) hold
elections of members of Parliament ;
(c) delimit
the constituencies for the purpose of elections to Parliament ; and
(d) prepare
electoral rolls for the purpose of elections to the office of
President
and to Parliament .
The modes
and procedures for holding elections to the members of Parliament are laid down
in the Representation of the People Order, 1972, as amended in pursuance of
law.
1.5
Candidature for More Than one Constituency and Bar against Double Membership :
No person may at the same time be a candidate for more than five constituencies.
The Constitution also provides that no person shall at the same time be a
member of Parliament in respect of more than one Constituency. In the event of
a person being elected for more than one Constituency, he shall vacate all
other seats except one, as per procedure laid down in law.
1.6
Delimitation of Single Territorial Constituencies: For the purpose of holding
election of three hundred Members of Parliament, the country has been divided
into three hundred single territorial Constituencies in accordance with the
provision of the Delimitation of Constituencies Ordinance, 1976, as amended.
The procedures and principles for delimitation of each constituency are laid
down in the aforesaid Ordinance. The main principles are geographical compactness
of areas, administrative convenience and, as far as practicable, the
distribution of population.
1.7
Electoral Roll: Article 121 of the Constitution provides that there shall be
one electoral roll for each Constituency for the purposes of election to
Parliament and no special electoral rolls shall be prepared so as to classify
electors according to religion, race, caste or sex. Article 122 of the
Constitution provides that the elections to Parliament shall be on the basis of
adult franchise. A person shall be entitled to be enrolled as elector on the
electoral roll for a constituency delimited the purpose of election to
Parliament, if he/she –
(a) is a
citizen of Bangladesh ;
(b) is not
less than eighteen years of age ;
(c) does not
stand declared by a competent court to be of unsound mind; and
(d) is or is
deemed by law to be a resident of that constituency.
Sub-section
(8) of section 7 of the Electoral Rolls Ordinance, 1982 also empowers the
Election Commission to cause the electoral rolls to be re-grouped, if
necessary, for the purpose of election to different elective offices.
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