Another open letter to the CEC: Why I do not want to vote unless…

Many who oppose holding the election do so on the grounds of non-inclusiveness, and they confine their definition of inclusion only to the space of political parties. I presume that they do not refer to the numerous 'political parties' that got registered. Instead, implicit in the demand for 'inclusion' is the emphasis on a selected few, which had historically claimed a sizeable proportion of the votes!

Though I would love to see adult franchise being exercised by ensuring the participation of contestants, unhindered by rent-extracting intermediaries in the guise of political parties, it is unlikely that the political parties with depleted 'political' persons in their folds will be keen on disassociating from power soon.

Neither my love for an exclusively defined 'inclusive' democracy nor my assessment of the limitations of current political parties stands in my way of voting. 

I cannot vote unless the Election Commission scrutinises the candidates adequately to ensure that the 'legal' (বৈধ) ones are eligible. I must thank the Election Commission for sharing information on candidates promptly, enabling me to reach a conditional decision. Here are the two specific reasons why I am unwilling to vote:

1. Incomplete Affidavit: There are three major submissions from each candidate, and of those, the affidavit (হলফনামা) is crucial. Information on education, prior involvement in criminal litigation, and how election expenses are to be met can help voters make informed decisions. 

However, the constitutionally binding criterion of citizenship has been omitted in the affidavit, violating our understanding of the constitutional requirement that any person taking up citizenship in a foreign country is not eligible to stand for membership in the national parliament.

Despite raising the issue on prior occasions, the current content of the affidavit does not compel the candidate to reveal or commit to a statement on non-citizenship in foreign countries. I am unwilling to be a party to a violation of the country's constitution by facilitating the process of electing an alien to the country's parliament.

2. Inconsistent Income Tax Submissions: Of the other two sets of submissions, the income tax return/certificate (3rd on the website) is crucial, allowing the EC to cross-check several other submissions.

A thorough check on several submissions reveals two extremes: a certified copy of the whole set of tax return submissions fully revealing an aspirant candidate's in-country legal, financial standing and carefully crafted two pages that do not provide full disclosure of income tax returns. 

The discretionary power of the local EC authority may play an important role in deciding eligibility, raising concerns about the potential for abuse of power. As a voter in any election for the national parliament, one expects the Election Commission to conduct necessary checks and present voters with a set of (constitutionally) eligible and (rule-based) qualified candidates. Unfortunately, a random query reveals that this has not been ensured. 

I would not disagree with possible oversights, but it was expected that an affidavit on the constitutionally binding eligibility criterion be taken from each candidate and the party management nominating party candidates.

Having an election where all parties and independent candidates (upon a critical review of the 1% requirement) can compete on a level playing field is crucial. Unfortunately, amidst competition to grab power among parties, the basic rights of the adult citizens of this country are often marginalised. I sincerely hope that the EC will undertake:

- An objective assessment of the eligibility of all candidates on the grounds of non-citizenship in a foreign country.

- Take legally acceptable affidavits from the candidates stating that they are not citizens of any country other than Bangladesh.

- Ensure all eligible candidates submit uniformly notarised copies of their tax returns and the acknowledgement receipts of their submission to the National Board of Revenue (NBR). It may also be worth having NBR certify the correctness of those submissions.

Time cannot be an excuse to deprive voters of a parliament they can trust for five long years. I hope that the EC will create the conditions for us to vote with a clear conscience!

Dr Sajjad Zohir is the Executive Director of the Economic Research Group (ERG)

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.