Bangladesh electoral system

 

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.