Free and Fair Election: The Role of Administration
report titled ‘Promotion of Three Stages in Administration before Election!’ Was published on a popular newspaper some days ago. It has been said that before the next parliamentary elections, efforts have been taken to promote the three levels of the public administration. The report further states that at least 400 officials at the three levels may be considered for promotion. This initiative of promotion is being taken at a time when there are almost twice as many officials in the three stages. When the eleventh parliamentary elections are very close and there is no vacant post of promotions in these levels of administration, it is natural to peep into the minds of the conscious people whether the ruling party is going to make this promotion without getting vacant. Among the factors that are important for the fair parliamentary elections, the most important is the neutrality of the field administration. The aim of this blog is to discuss the role of field administration to be held free and fair parliamentary elections and what should be like. Our constitution has entrusted the responsibility of the parliamentary election to the EC, but the election is conducted by the field administration mainly.
The Commission appointed the Deputy Commissioner (DC) as Returning Officer and Upazila Nirbahi Officer (UNO) as Assistant Returning Officer. Returning Officer in the power obtained by the People’s Representation Order, appointed Presiding Officer, Assistant Presiding Officer, Polling Officers to conduct the election in the field. With the power given in this order, a returning officer can take any action necessary for the smooth conduct of elections in his area.
An assistant returning officer is appointed in every election area. He gave all the support to the Returning Officer to perform his duties. Subject to any condition by the Election Commission, he enjoys the power of the Returning Officer and performs the functions from the Returning Officer’s control. During the election, the executive magistrate, the SP, the police and other law enforcers play an important role in controlling the law and order situation. DC, UNO, Executive Magistrates, SP, OC- control of these officials that means government’s have ability to take action against them, including their promotion and transfer, and it is very easy to use them for party’s interests in the elections to the ruling government. So, if the Election Commission is strong and neutral, if the government does not like the good will and the field administration officers conducting the elections are not neutral, then free, fair and neutral elections will not be possible. The problem is that there is a expectation on the administration that comes from both sides internally and externally. Internally expectations comes from senior/superior officials into the bureaucracy and externally from politician and political parties. But administrations/ agencies have some accountability to serve to country and countrymen. There are some problems to fulfill their responsibility and their power is limited in most of the time under political control which we can understand through a table.
Sources of agency control, 1, External expectation ( Legal accountability and Political Accountability ) 2,Internal expectation( Hierarchy and Professional Accountabilit)
Degree on agency control, High (Legal accountability,Hierarchical)
Low (Political accountability, Professional accountability)
When administrative agencies control is higher than political control then appear hierarchical and legal accountability. Legal accountability refers to the theory under the law to find culpability such as a crime or a theory to receive money by way of a civil case. Individuals should be held accountable by the state they occurred in. Legal accountability for a crime is based on the suspect’s assistance before or during the commission of the criminal act. Under the legal accountability, it is not possible to corruption, racket in election in the favor of ruling party. But hierarchy in the bureaucracy can conduct to others side. If returning Officer ordered to his subordinates to racket in the election, they cannot deny it many of times. On the other hand, if the agencies control is low then political control is higher and It creates obstacles in performing administrative duties of the administration. According to constitution, Since the government will hold elections stay in power, they will put pressure on the administration to win the elections then the administration is bound to obey the official directives which is their professional accountability. But it’s obviously violation of the legal accountability.
I can say about upcoming 11th parliamentary election when current government stay in Power, the field Administration officials know that the government will ensure all facilities including their protection when the present government re-exercises. So if the Election Commission punishes them, it will not be effective at the last. For the sake of the administration, the Beneficiaries, they will not want to change the ruling government for their own sake. Many of the officials holding the important positions of the central government, who believe in the ideology of ruling Awami League. They want to think that Awami League will form the government again by winning eleven parliamentary elections. In order to win Awami League in the next parliamentary elections, these officials will try to influence on the officers of the field administration. It will also encourage professional accountability, despite the violation of their Legal Accountability.
Due to the real situation, it is not possible to conduct elections fairly for the officers appointed in the field administration without the influence of some powerful officials of the central government.
The best wishes and cooperation of the government is too much needed to be held election.
It is the people’s expectation that the eleventh parliamentary elections will be held free, fair and neutral in the goodwill and cooperation of the government, the participation of the registered opposition parties and responsible behavior, and the efficiency and neutrality of the election commission and field administration.
