The Election Commission (EC) is moving towards cancelling the registration of the Bangladesh Awami League after the interim government decided to ban all its activities.
The election-organizing body will meet on Monday (May 12) and reach a decision based on the majority opinion of the five-member commission.
EC officials say that the party has basically ceased to have any activities after former Prime Minister and Awami League President Sheikh Hasina fled the country to India on August 5 in the face of a mass uprising. Most of the top leaders are outside the country, while many are hiding inside the country. In this situation, all the party offices are inactive. The law states that even if the central office of a registered party is not active, its registration must be cancelled.
The party’s central office is located in the Shaheed Abrar Fahad Avenue (now Bangabandhu Avenue) area of Gulistan in the capital. The magnificent building no longer has its splendor. The doors, windows, and fittings of the building have already been broken by the angry mob. The building is now being used as a shelter by vagrants and drug addicts. The same is true of the district and upazila offices.
EC officials say that even if a party does not have an active central office after receiving registration, there is a provision in the law to cancel the registration of that party.
On the other hand, if the government declares a party banned, then there is an obligation to cancel the registration of that party.
According to the Representation of the People Order (RPO)-1972, if a party wants to contest elections with its own symbol, it has to get registration from the Election Commission. Otherwise, even if the party concerned can contest elections in alliance with another party, it cannot participate in the elections under its own identity. The registration system was introduced before the ninth parliamentary elections, and the provision for cancellation of registration was also included in the relevant law.
Article 90J(1) of the RPO states the reasons for which the EC can cancel the registration of a party.
(a) If the highest decision-making committee of the party, by whatever name it may be called, declares the party dissolved or an application is made to the Commission by the party president and general secretary or a person holding an office equivalent to them, along with the minutes of the party decision, for cancellation of registration; or
(b) If a registered political party is declared banned by the government; or
(c) If a party fails to send any information required to be sent to the Commission under these orders and rules [for three consecutive years]; or
(d) If any provision of [clause (1)(b) of Article 90B] is violated by any political party; or
(e) If a political party does not participate in two consecutive national parliamentary elections; then the EC may cancel the registration of the concerned party.
The interim government has already decided to ban the activities of the Awami League. In this case, according to clause (1)(b) of Article 90J of the RPO, the EC may ban the Awami League in light of the government’s ban.
On the other hand, according to clause (d) of this article [which is described in clause (1)(b) of Article 90B], the registration of the party can also be cancelled. Because, clause (1)(a) has also been asked to be followed in that clause. And clauses (a) and (e) of Article 90B, 1, have been said that there must be an active central office and other offices for registration.
In addition, if a party fails to provide any information as requested by the Commission for three consecutive years; if 33 percent of the party’s members at all levels are not filled by 2030; if it forms an associate or affiliate organization consisting of teachers, students, employees or workers of financial, commercial or industrial institutions or organizations or members of any other profession, the EC can cancel the relevant registration for reasons such as.
No hearing is required for the government to declare a ban. However, if the registration is cancelled for any other reason, there is a provision in the law to give the concerned party an opportunity to be heard. In addition, if the registration is canceled, no other party with the same name will be able to get subsequent registration and if the gazette of cancellation of registration is published, an appeal can be filed in the High Court against the EC’s decision.
As a result of the movement of leaders and activists of various parties and organizations, including the Jatiya Nagorik Party-SPP, the interim government decided to ban all activities of the Awami League in an emergency meeting on Saturday (May 10).
The government’s decision said that a special meeting of the Advisory Council was held. The meeting approved amendments to the International Crimes Tribunal Act. According to the amendments, the International Crimes Tribunal will be able to punish any political party, its affiliates or support groups.
In the meeting of the Advisory Council, it was decided to ban all activities of the Awami League, including cyberspace, under the Anti-Terrorism Act until the trial of the Bangladesh Awami League and its leaders in the International Crimes Tribunal is completed.
On this, Chief Election Commissioner (CEC) AMM Nasir Uddin said, “We will hold a commission meeting tomorrow (May 12) if the government’s decision is gazetted. I cannot take the decision alone. There is a law on what to do if the government bans the activities of a party. Whatever the gazette, the decision will be taken based on the opinion of the majority of the commission members.”
He said, “We can only cancel the registration. The government can take a decision on the activities. So, we will hold a meeting as soon as we get the gazette. For this, no instructions will be required from the government to the EC.”
