EC sends sweeping RPO amendment proposals to law ministry

The Election Commission (EC) has submitted to the law ministry a wide-ranging package of proposed amendments to the Representation of the People Order (RPO), aiming to reinforce the legal framework ahead of the next parliamentary elections.

The proposals—spanning approximately 40 to 44 individual changes—were forwarded to the ministry for vetting on Tuesday night, EC Secretary Akhter Ahmed said.

The suggested amendments include both additions and deletions, and are designed to expand the EC’s regulatory authority and close gaps in electoral governance.

Once the law ministry clears the draft, it will be placed before the interim cabinet for final review. The president is expected to promulgate the changes through an ordinance.

In a parallel move, the EC has also finalised a draft code of conduct for political parties and candidates. This code will be formally enacted through publication in the official gazette, pending approval from the ministry.

Commissioner Abdur Rahmanel Masud said the reforms are based on recommendations from the Election Reform Commission and the National Consensus Commission, following weeks of review by the commission led by Chief Election Commissioner AMM Nasiruddin.

Among the key highlights in the amendment package is a proposed provision allowing voters to cast a “no” vote in constituencies where only one candidate is contesting, in an effort to uphold voter agency and electoral credibility.

This time, a proposal has also been made to raise the candidates’ security deposit from Tk 20,000 to Tk 50,000.

Masud said, “We have signed off on the draft. Key reforms include empowering the EC to annul polls in full constituencies if irregularities occur, inserting a ‘no’ vote where only one candidate contests, and ensuring loan defaulters face action after elections. The goal is to make elections more competitive, credible and participatory.”

He said the commission decided against proposals to impose educational qualifications for candidates.

Analysts had earlier warned that limiting “no” votes to single-candidate constituencies could encourage dummy candidates, and recommended extending it to all constituencies. The EC, however, kept it restricted to uncontested races, citing the controversial 2014 election, when 153 MPs were elected without opposition.

The draft also incorporates voting rights for expatriates through online registration.

Key proposals in the draft amendment include:

• Expanding the definition of law enforcement to formally include the armed forces—Army, Navy, Air Force—as well as Coast Guard.
• Abolishing all provisions related to electronic voting machines (EVMs).
• Specifying penalties for negligence by election officials, with investigations to be completed within three working days.
• Allowing accredited observers and journalists to enter polling stations; media can observe counting if they stay for the full process.
• Restoring the EC’s power to suspend or cancel results of one or multiple constituencies in case of irregularities.
• Introducing re-election in case of tied votes, replacing the previous lottery system.
• Explicit penalties for breaching the code of conduct, to be included in the RPO.
• Tightening audit requirements for campaign expenditures, with EC scrutiny of discrepancies.
• Raising donation caps to Tk 5 million for both individuals and institutions, from Tk 1 million and Tk 5 million respectively, with mandatory bank transfers and income tax declarations.
• Extending EC’s approval authority over transfers of police DIGs during the election period.
• Adding provisions against the use of AI or digital tools to spread disinformation or defamation.
• Mandating that rejected party registration applications specify reasons within 15 days, preventing vague denials.
• Clarifying rules on suspending or canceling party registrations if a party is banned.
• Inserting provisions for annulment of MPs’ seats if false information in affidavits is uncovered within their five-year term.
• Restricting campaign lighting to digital billboards, banning decorative lighting elsewhere.

The proposals also expand presiding officers’ powers and set penalties for voter intimidation, aiming to make elections free, fair and credible.

However, some reform suggestions—such as requiring the EC to certify the fairness of an election within 24 hours, or introducing broader accountability provisions for the commission itself—were not included.

The EC has already unveiled its roadmap for the next parliamentary polls, with all legal reforms slated for completion by Sept 30, ahead of elections scheduled for early 2026.