12. ¹[(1) 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 clause (1) of Article 66 of the Constitution:

Provided that a person shall be disqualified for election as or for being, a member, if he-

(a) is not listed in the electoral roll of any constituency;

(b) is not nominated by any registered political party or is not an independent candidate;

(c) is a person holding any office of profit in the service of the Republic or of a statutory public authority;

(d) is a person who is convicted of an offence punishable under Article 73, 74, 78, 79, 80, 81, 82, 83, 84 and 86 and sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since the date of his release;

(e) is a person whose election to a seat is declared void on any of the grounds mentioned in sub-clauses (c), (d) and (e) of clause (1) of Article 63, unless a period of five years has elapsed since the date of such declaration;

(f) has resigned or retired from the service of the Republic or of any statutory public authority or of the defence service, unless a period of three years has elapsed since the date of his resignation or retirement;

(g) has been dismissed or removed or compulsorily retired from the service of the Republic or of any statutory public authority on the ground of corruption, unless a period of five years has elapsed since the date of such dismissal, removal or compulsory retirement;

(h) has been appointed on contract to the service of the Republic or of any statutory public authority or of the defence service immediately after his retirement from such service, unless a period of three years has elapsed since the expiry or termination of such contract;

(i) is holding or has resigned or retired or has been discharged from an executive post of any non-government organization, which receives grant or fund from any foreign state or organization, unless a period of three years has elapsed since such resignation retirement, or discharge;

²[***]

(k) whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not been 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;

(l) being a loanee, other than a loanee who has taken small loan for agricultural purposes, has defaulted in repaying before ³[***] the day of submission of nomination paper any loan or instalment thereof taken by him from a bank;

(m) is a director of a company or a partner of a firm ⁴[which] has defaulted in repaying before ⁵[***] the day of submission of nomination paper any loan or any instalment thereof taken by ⁶[the concerned company or firm] from a bank;

(n) personally has failed to pay the telephone, gas, electricity, water or any other bill of any service providing organization of the Government before ⁷[***] the day of submission of nomination paper;

⁸[(o) has been convicted of any crime under the International Crimes (Tribunals) Act, 1973 ( Act No. XIX of 1973).]

Explanation I.- “office of profit” means holding any office, post or position in the full-time service of the Republic or any statutory public authority or company in which government has more than 50% (fifty percent) share.

Explanation II.- The disqualification under sub-clause (k) shall not apply to a person

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him or such longer period as the president may, in any particular case allow; or

(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Act, 1994 (Act No.XVIII of 1994), of which he is a share-holder but is neither a director holding an office of profit under the company nor a managing agent; or

(iii) where he is a member of Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest.

Explanation III.- “bank” means-

(a) any “bank company” as defined in Bank Company Act, 1991 (Act No.XIV of 1991);

⁹[(b) Bangladesh Development Bank Limited incorporated under the Companies Act, 1994 (Act No. 18 of 1994);]

¹⁰[***]

(d) “Bangladesh House Building Finance Corporation” established under Bangladesh House Building Finance Corporation Order, 1973 (P.O.No.17 of 1973);

(e) “Bangladesh Krishi Bank” established under Bangladesh Krishi Bank Order, 1973 (P.O.No. 27 of 1973);

(f) “Investment Corporation of Bangladesh” established under Investment Corporation of Bangladesh Ordinance, 1976 (Ord. No.XI of 1976);

(g) “Rajshahi Krishi Unnayan Bank” established under Rajshahi Krishi Unnayan Bank Ordinance, 1986 (Ord. No.LVIII of 1986);

(h) “Basic Bank Limited” (Bangladesh Small Industries and Commerce Bank Limited) established under Companies Act, 1994 (Act No.XVIII of 1994).

Explanation IV.- “small loan for agricultural purposes” means all crops loan excepting tea and tobacco and includes short-term loan for development of fishery and marketing of agricultural produce and long-term loan for irrigation equipment, animal husbandry, development of fishery, agricultural equipment, nursery and horticulture, betel-leaf plantation, management of Jalmahal and for the purpose of producing silk worm, tuth tree, lakhkha tree, catechu tree, etc. the amount of which shall not exceed taka one lakh aggregating with interest and capital against every loan.

Explanation V.- A person or a company or a firm shall be deemed to have defaulted in repaying a loan or an instalment thereof referred to in sub-clauses (l) and (m) of Article 12(1) if he or it is a defaulter within the meaning of the expression 'defaulter loanee' as defined in Bank-Company Act, 1991(Act 14 of 1991) and for financial institution, as defined by Bangladesh Bank under Financial Institution Act, 1993 (Act No. 27 of 1993). The list of defaulter may be obtained from CIB of Bangladesh Bank or from the concerned bank or financial institution.

Explanation VI.- "financial institution" means a non-banking financial institution as defined in Financial Institution Act, 1993 (Act No. 27 of 1993).

Explanation VII.- 'chief executive' referred to in sub-clause (i) of Article 12(1) means a person holding full time post of a chief executive of any non-government organisation who receives monthly salary and other emoluments in that capacity.]

¹¹[(1A) For the removal of doubts, it is hereby declared that, for the purposes of this Article, a person shall not be deemed to hold an office of profit in the service of the Republic or of a statutory public authority by reason only that he is an Administrator or a Deputy Administrator of a ¹²[city] Corporation or a ¹³[Ward Commissioner].]

(2) Every proposal shall be made by a separate nomination paper in the prescribed form which shall be signed by the proposer and the seconder and shall contain-

(a) a declaration signed by the candidate that he has consented to the nomination and that he is not subject to any disqualification for being, or being elected as, a member; ¹⁴[***]

(b) a declaration signed by the proposer and the neither of them has subscribed to any other nomination paper either as proposer or seconder ¹⁵[; and]

¹⁶[(c) a declaration signed by the candidtate that he is not a candidate for more than three constituencies.]

¹⁷[(3) Every nomination paper shall either be-

(a) delivered by the candidate, or his proposer or seconder, to the Returning Officer or the Assistant Returning Officer who shall acknowledge the receipt of the nomination paper specifying the date and time of receipt;

or

(b) submitted through online by the candidate and receipt of such submission shall be acknowledged in such a manner as may be prescribed.”]

¹⁸[(3a) Every nomination paper under clause (2) shall be delivered along with the following documents, namely-

(a) in the case of an independent candidate, a list of signatures of one percent electors of the concerned constituency:

Provided that such list need not to be delivered if the independent candidate has previously been elected in any parliamentary election;

(b) a certificate signed by the chairman or secretary or a person holding the same rank on behalf of the registered political party stating that the candidate has been nominated by that party:

¹⁹[Provided that any registered political party may primarily nominate more than one candidate and if more than one candidate are nominated, their candidature are subject to the provision of clause (2) of Article 16.]

(3b) Every nomination paper under sub-clause (2) shall be delivered along with an affidavit signed by the candidate which shall include the following information and particulars, namely-

(a) an attested copy of the certificate of his highest educational qualification;

(b) whether at present he is accused of any criminal offence or not;

(c) whether he has any past criminal record, and, if any, the judgement of the case;

(d) description of his profession or business;

(e) probable sources of his income;

(f) a statement of property or debt of his own or his dependents;

(g) what promises he made before an election in which he was elected as a member in the past, and how many of those promises were fulfilled; ²⁰[***]

(h) the amount of loan received by him alone, or jointly or by his dependents from any bank or financial institution, and the amount of loan received by him from any bank or financial institution as a Chairman, Managing Director or Director thereof ²¹[;]

 

²²[(i) a certified copy of return submitted under section 166 of আয়কর আইন, ২০২৩ (২০১৩ সনের ১২ নং আইন) and a proof of submission of return as required by section 264 of the said Act.]

Explanation.- “dependent” means the wife or husband of a candidate and includes son, daughter, father, mother, brother or sister of the candidate who are fully dependent upon him.]

(4) A person may be nominated in the same constituency by more than one nomination paper ²³[, and a nomination paper may be delivered to both the Returning Officer and the Assistant Returning Officer.]

(5) If any person subscribes to more than one nomination paper, all such nomination papers, ²⁴[except the one found valid under clause (3a) of Article 14], shall be void.

(6) The Returning Officer shall give a serial number to every nomination paper and endorse thereon the name of the person presenting it, and the date and time of its receipt, and inform such person of the time and place at which he shall hold scrutiny.

²⁵[(6a) The Assistant Returning Officer shall give a serial number to every nomination paper and endorse thereon the name of the person presenting it, and the date and time of its receipt, and inform such person of the time and place at which the Returning Officer shall hold scrutiny, and immediately after the time for receiving nomination paper is over, forward all the nomination papers received by him to the Returning Officer.]

(7) The Returning Officer shall cause to be affixed at some conspicuous place in his office a notice of every nomination paper received by him ²⁶[or received by the Assistant Returning Officer and forwarded to him under clause (6a)] containing particulars of the candidate and the names of the proposer and seconder as shown in the nomination paper.