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WHEREAS it is necessary to provide for the conduct of elections to Parliament and for matters connected therewith and incidental thereto; 1*
NOW, THEREFORE, in pursuance to the provisions of paragraph 3 of the Fourth Schedule to the Constitution of the People's Republic of Bangladesh and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Order:
Chapter I
PRELIMINARY
2. In this Order, unless there is anything repugnant in the subject or context,-
(i) “ballot paper account” means a ballot paper account prepared under clause (10) of Article 36;
2[ (ia) “ballot paper book” means a book containing ballot papers from which ballot papers are issued to electors; ]
(ii) “candidate” means a person proposed as a candidate for election as a member;
3[ (iia) “Code of Conduct” means the Code of Conduct formulated under Article 91B;]
4[ (iii) “Commission” means the Election Commission within the meaning of the Constitution;]
(iv) “Constituency” means a constituency delimited for the purpose of election of a member;
(v) “Constitution” means the Constitution of the People's Republic of Bangladesh;
5[ (vi) “contesting candidate" means a candidate who has been validly nominated for election as a member and whose candidature has not been either withdrawn under clause (1) or ceased under clause (2) of Article 16;]
(vii) “election” means election to a seat of a member held under this Order;
(viii) “election agent” means an election agent appointed by a candidate under Article 21 and, where no such appointment is made, the candidate acting as his own election agent;
6[ (viiia) “election expenses” means the election expenses as defined in Article 44A;
(viiib) “election observer” means a person permitted in writing by the Commission or by any person authorised by it in this behalf to observe any election under this Order, and includes a group of such observers;]
(ix) “election petition” means an election petition made under Article 49;
(x) “elector” in relation to a constituency, means a person who is enrolled on the electoral roll in that constituency;
7[ (xi) "electoral roll" means the final electoral roll prepared under 8[ ভোটার তালিকা আইন, ২০০৯ (২০০৯ সনের ৬নং আইন)];]
9[ ***]
10[ (xia1) “Electronic Voting Machine” or “EVM” means an electronic voting machine approved by the Commission under Article 26B;]
11[ (xiaa) "law enforcing agency" means any Police Force, Armed Police Battalion, Rapid Action Battalion, Ansar Force, Battalion Ansar, 12[ Border Guard Bangladesh] and Coast Guard Force ;]
(xii) “member” means a member of Parliament;
(xiii) “nomination day” means the day appointed under Article 11 for the nomination of candidates;
(xiv) “Parliament” means Parliament for Bangladesh as defined in Article 152 of the Constitution;
13[ (xiva) “political party” means a political party as defined in article 152(1) of the Constitution; ]
(xv) “polling agent” means a polling agent appointed under Article 22;
(xvi) “polling day” means the day on which poll is taken for an election;
(xvii) “polling officer” means a polling officer appointed under Article 9 for a polling station;
(xviii) “prescribed” means prescribed by rules made under this Order;
(xix) “Presiding Officer” means a Presiding Officer appointed under Article 9 for a polling station and includes an Assistant Presiding Officer exercising the powers and performing the functions of Presiding Officer;
14[ (xixa) “registered political party” means a political party registered under Article 90A;]
(xx) “returned candidate” means a candidate who has been declared elected as a member under this Order;
(xxi) “Returning Officer” means a Returning Officer appointed under Article 7 and includes an Assistant Returning Officer exercising the powers and performing the functions of Returning Officer;
15[ (xxia) “rule” means any rule made under this Order;]
(xxii) “scrutiny day” means the day appointed under Article 11 for the scrutiny of nomination papers;
(xxiii) “spoilt ballot paper” means a ballot paper which has been spoiled and is returned to the Presiding Officer under Article 34;
16[ (xxiiia) “statutory public authority” means a statutory public authority as defined in article 152 (1) of the Constitution;]
17[ (xxiv) "ward" means a ward of a Union, Paurashava or City Corporation;]
(xxv) “withdrawal day” means the day appointed under Article 11 on or before which candidature may be withdrawn.
Chapter II
ELECTION COMMISSION
6. (1) The Government or an Officer authorised by it in this behalf, may upon a request made in this behalf by the Commission, by an order in writing, requisition any such vehicle or vessel as is needed or is likely to be needed for the purpose of transporting to and from any polling station ballot boxes or other election materials or any Officer or other person engaged for the performance of any duties in connection with the election:
Provided that no vehicle or vessel which is being used by a candidate or his election agent for any purpose connected with the election of such candidate shall be so requisitioned.
(2) Any person authorised in this behalf by the Government may take possession of any vehicle or vessel requisitioned under clause (1) and may for that purpose use such force including police force, as may be reasonably necessary.
(3) Where any vehicle or vessel is requisitioned under clause (1), there shall be paid to the owner thereof compensation the amount of which shall be determined by the Government or the officer requisitioning the vehicle or vessel on the basis of the fares and rates prevailing in the locality for its hire:
Provided that where the owner of the vehicle or vessel being aggrieved by the amount of compensation so determined, makes an application to the Government within period of thirty days from the date the amount has been determined for the matter being referred to an arbitrator the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine.
Chapter III
ELECTION
21[7. 22[* * *] (1) The Commission shall appoint a Returning Officer for each constituency for the purpose of election of a member for that constituency; and a person may be appointed as Returning Officer for two or more constituencies.
(2) The Commission may appoint as many Assistant Returning Officers as may be necessary:
Provided that no Assistant Returning Officer shall be appointed for more than one constituency.
(3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his functions under this Order and may, subject to any condition imposed by the Commission, exercise and perform, under the control of the Returning Officer, the power and functions of the Returning Officer.
(4) It shall be the duty of a Returning Officer to do all such acts and things as may be necessary for effectively conducting an election in accordance with the provisions of this Order and the rules.
(5) Subject to the superintendance, direction, and control of the Commission, the Returning Officer shall supervise all work in the district 23[or constituency] in connection with the conduct of elections and shall also perform such other duties and functions as may be entrusted to him by the Commission.
(6) The Commission may, at any time, for reasons to be recorded in writing, withdraw any officer performing any duty in connection with an election, or any other public functionary, or any other law enforcing personnel who obstructs or prevents or attempts to obstruct or prevent the conduct of fair and impartial poll or interferes or attempts to interfere with an elector when he records his vote, or influences in any manner the polling staff or an elector or does any other act calculated to influence the result of election, and make such arrangements as it may consider necessary for the performance of the functions of the officer or person so withdrawn.
24[(7) Where the Commission withdraws any officer or person under clause (6), it-
(a) may, if such officer or person is working in any polling station or constituency, direct him to leave the polling station or the constituency at once;
(b) shall, in case of a direction under sub-clause (a), direct such officer or person to remain out of the constituency for the period specified in the direction, and accordingly he shall comply with the direction, and if he is required to perform any official duty only in that constituency, his appointing authority shall make arrangement for his leave or otherwise;
(c) shall refer the matter to the appropriate authority for taking disciplinary and other actions in relation to such officer or person.]
12. 34[(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;
35[***]
(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 36[***] 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 37[which] has defaulted in repaying before 38[***] the day of submission of nomination paper any loan or any instalment thereof taken by 39[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 40[***] the day of submission of nomination paper;
41[(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);
42[(b) Bangladesh Development Bank Limited incorporated under the Companies Act, 1994 (Act No. 18 of 1994);]
43[***]
(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.]
44[(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 45[city] Corporation or a 46[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; 47[***]
(b) a declaration signed by the proposer and the neither of them has subscribed to any other nomination paper either as proposer or seconder 48[; and]
49[(c) a declaration signed by the candidtate that he is not a candidate for more than three constituencies.]
50[(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.”]
51[(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:
52[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; 53[***]
(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 54[;]
55[(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 56[, 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, 57[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.
58[(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 59[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.
60[13A. (1) Notwithstanding anything contained in the Order, no person may at the same time be a candidate for more than 61[three] constituencies.
62[***]
(3) If a person is at the same time a candidate for more than 63[three] constituencies, all his nomination papers in respect of all the constituencies shall be void].
14. (1) The candidates, their election agents, proposers and seconders, and one other person authorised in this behalf by each candidate may attend the scrutiny of nomination paper and the Returning Officer shall give them reasonable opportunity for examining all nomination papers 66[delivered or forwarded to him under Article 12].
(2) The Returning Officer shall, in the presence of the persons attending the scrutiny under clause (1), examine the nomination papers and decide any objection raised by any such person to any nomination.
(3) The Returning Officer may, either of his own motion or upon any objection, conduct such summary enquiry as he may think fit and reject a nomination paper if he is satisfied that-
(a) the candidate is not qualified to be elected as a member;
(b) the proposer or the seconder is not qualified to subscribe to the nomination paper;
(c) any provision of Article 12 or Article 13 has not been complied with; or
(d) the signature of the proposer or the seconder is not genuine:
Provided that-
(i) the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid nomination paper;
(ii) the Returning Officer shall not reject a nomination paper on the ground of any defect which is not of a substantial nature and may allow any such defect to be remedied forthwith; and
(iii) the Returning Officer shall not enquire into the correctness or validity of any entry in the electoral roll.
67[(3a) If any person subscribes to more than one nomination papers, all such nomination papers, except the one found valid, shall not be required to be scrutinized.]
(4) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it 68[***] and shall 69[***] record a brief statement of the reason therefor.
70[(5) If a candidate or any bank is aggrieved by the decision of the Returning Officer, he may prefer an appeal to the Commission within the prescribed period and any order passed on such appeal shall be final.]
15. (1) The Returning Officer shall, after the scrutiny of nomination papers, prepare and publish in the prescribed manner a list of candidates who have been validly nominated.
(2) In case an appeal against 71[the decision of the Returning Officer on] a nomination paper has been accepted by the Commission, the list of validly nominated candidates shall be revised accordingly.
20. (1) If there are more contesting candidates than one in respect of any constituency, the Returning Officer shall-
75[(a) allocate, in the case of a contesting candidate set up by a registered political party, the symbol reserved for that party by the Commission under this Order or the rules 76[:
Provided that the Commission may, on an application made to it in this behalf within three days after the publication of the notification under clause (1) of Article 11, allot one of the prescribed symbols to the candidate of a combination of two or more registered political parties who have agreed to set up joint candidates for election;]
(aa) allocate, 77[in the case of independent] contesting candidates, subject to any direction of the Commission, one of the prescribed symbols to each such contesting candidate; and in so doing shall, so far as possible, have regard for any preference indicated by the candidate;] 78[and]
(b) publish in such manner as the Commission may direct the names of contesting candidates arranged in the alphabetical order specifying against each the symbol allocated to him 79[***]
80[***]
(2) The Returning Officer shall arrange to exhibit prominently at each polling station the name and symbol of each contesting candidate.
84[25. (1) If the Presiding Officer finds at any stage of polling that—
(a) the poll is so interrupted or obstructed for reason beyond the control of the Presiding Officer that it cannot be resumed during the polling hours fixed under Article 24; or
(b) any ballot box used at the polling station is unlawfully and forcibly taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered to such extent that the result of the poll at the polling station cannot be ascertained; or
(c) a person or persons legally or illegally entering into the polling station, prevent the Presiding Officer or other polling officers from performing their usual electoral duties by showing arms or applying physical force,
he shall then forthwith stop polling, and inform the nearest members of law enforcing agencies about the incidents and shall ask for assistance to remove and arrest the said person or persons.
(2) The members of law enforcing agencies shall at once remove and arrest the said person or persons and restore law and order inside the polling station.
(3) If the members of law enforcing agencies fail to remove and arrest the said person or persons and restore law and order inside the polling station, the Presiding Officer shall stop the poll and leave the polling station with all his officers and report to the Returning Officer of the matter.
(4) Where a poll has been stopped under clause (3), the Returning Officer shall immediately report the circumstances to the Commission and the Commission shall direct a fresh poll at that polling station, unless it is satisfied that the result of the election has been determined by the polling station, taken with the results of the polling at other polling stations in the same constituency.
(5) Where the Commission orders a fresh poll under clause (4), the Returning Officer shall, with the approval of the Commission, fix a date and place for such fresh poll and shall give public notice thereof.
(6) When a fresh poll to be taken under clause (5) at a polling station, all electors entitled to vote of that polling station shall be allowed to vote and no vote cast at the poll stopped under clause (3) shall be counted; and the provisions of this Order and the rules and orders made thereunder shall apply to such fresh poll.]
27. 87[ (1) The following person may cast their votes by postal ballot in such manner as may be prescribed, namely:¬-
(a) a person referred to in sub-sections (3) and (5) of section 8 of the Electoral Rolls Act, 2009 (২০০৯ সনের ৬ নং আইন);
(b) a person appointed for the performance of any duty in connection with an election at a polling station other than the one at which he is entitled to cast his vote; and
(c) a Bangladeshi voter living abroad.]
(2) An elector who, being entitled to do so, intends to cast his vote by postal ballot shall-
(a) in the case of a person referred to in sub clause (a) 88[ and (c)] of clause (1), within fifteen days from the date of the publication of the notification under Article 11, and
(b) in the case of a person referred to in sub clause (b) of that clause as soon as may be after his appointment,
apply to the Returning Officer of the constituency in which he is an elector for a ballot paper for voting by postal ballot; and every such application shall specify the name of the elector, his address and his serial number in the electoral roll.
(3) The Returning Officer shall immediately upon the receipt of an application by an elector under clause (2) sent by post to such elector a ballot paper and an envelope bearing on its face a form of certificate of posting, showing the date thereof, to be filled in by the proper official of the Post Office at the time of posting by the elector.
(4) An elector on receiving his ballot paper for voting by postal ballot shall in the prescribed manner record his vote and after so recording post the ballot paper to the Returning Officer in the envelope sent to him under clause (3) with minimum of delay.
28. (1) The Returning Officer shall provide each Presiding Officer with such number of ballot boxes as may be necessary.
(2) The ballot boxes shall be of such material and design as may be approved by the Commission.
(3) Not more than one ballot box shall be used at a time for the purpose of the poll at any polling station, or at any polling booth, where there are more than one polling booths at a polling station.
(4) At least half an hour before the time fixed for the commencement of the poll, the Presiding Officer shall-
(a) ensure that every ballot box to be used is empty;
89[(aa) deliver such empty ballot box to the Assistant Presiding Officer or Polling Officer recording the serial number of the concerne ballot box and the serial number of the seal thereon and obtaining signature of the receiver in the respective column of the prescribed form and endeavour to obtain signature of the agents of candidates who is willing to put signature on the said form;]
(b) show the empty ballot box to the contesting candidates and their election agents and polling agents whoever may be present;
(c) after the ballot box has been shown to be empty, close and seal it; and
(d) place the ballot box so as to be conveniently accessible to the elector, and at the same time within the sight of himself and of such candidates or their election or polling agents as may be present.
(5) If one ballot box is full or cannot further be used for receiving ballot papers, the Presiding Officer shall seal that ballot box 90[with his own seal and signature and with the seals or signatures of the contesting candidates or election agents or polling agents present who may wish to seal or sign it] and keep it in a secure place and use another ballot box in the manner laid down in clause (4).
(6) A Presiding Officer shall make such arrangements at the polling station that every elector may be able to mark his ballot paper in secret before the same is folded and inserted in the ballot box.
31. 92[(1) Where an elector presents himself at the polling station to vote, the Presiding Officer shall, after satisfying himself about the identity of the elector with reference to 93[the electoral roll], issue to him a ballot paper 94[or allow him to cast his vote by using EVM].
95[***]
(2) Before a ballot paper is issued to an elector-
(a) he shall be required to receive a personal mark made with indelible ink on the thumb or any other finger of either hand;
(b) the number and name of the elector as entered in the electoral roll shall be called out;
(c) a mark shall be placed on the electoral roll against the number and name of the elector to indicate that a ballot paper has been issued to him;
96[(d) the ballot paper shall on its back be stamped with the official mark and signed by the Assistant Presiding Officer;]
(e) the number of the elector on the electoral roll shall be marked in writing on the counterfoil by the Presiding Officer who shall also stamp the counterfoil with the official mark 97[;
(f) the elector shall put his signature or thumb impression on the counterfoil of the ballot paper.]
(3) A ballot paper shall not be issued to a person who refuses to receive the personal mark with indelible ink or if he already bears such a mark or the remnants of such mark.
(4) If a contesting candidate or his election or polling agent alleges that an elector to whom a ballot paper is about to be issued already has one or more ballot papers in his possession, the Presiding Officer may require the elector to satisfy him that he does not have any other ballot paper in his possession and may also take such measures as he thinks fit to ensure that such elector does not insert more than one ballot paper in the ballot box.
(5) The elector, on receiving the ballot paper, shall-
98[(a) if so requested by any contesting candidate or an election agent 99[or polling agent], show the official mark on the back of the ballot paper to him;
(aa) forthwith proceed to the place reserved for marking the ballot paper;]
(b) put the prescribed mark on the ballot paper at any place within the space containing the name and symbol of the contesting candidate for whom he wishes to vote; and
(c) after he has so marked, fold the ballot paper and insert it in the ballot box.
(6) The elector shall vote without undue delay and shall leave the polling station immediately after he has inserted his ballot paper in the ballot box.
(7) Where an elector is blind or is otherwise so incapacitated that he cannot vote without the assistance of a companion, the Presiding Officer shall allow him such assistance and thereupon such elector may do with such assistance any thing which an elector is required or permitted to do under this Order.
100[***]
36. (1) Immediately after the close of the poll, that is, as soon as the last of such persons, if any, as are present and waiting to vote as mentioned in Article 35, has voted, the Presiding Officer shall, in the presence of such of the contesting candidates, election agents and polling agents as may be present, proceed with the count of votes.
(2) The Presiding Officer shall give such of the contesting candidates, election agents and polling agents as may be present, reasonable facility of observing the count and give them such information with respect thereto as can be given consistently with the orderly conduct of the count and the discharge of his duties in connection therewith.
(3) No person other than the Presiding Officer, the Polling Officer, any other person on duty in connection with the poll, the contesting candidates, 102[election agents, polling agents and election observers shall be allowed to remain] present at the count.
(4) The Presiding Officer shall-
(a) open the used ballot box or ballot boxes and count the entire lot of ballot papers taken out therefrom;
(b) open the packed labelled "challenged ballot papers" and include the ballot papers therein the count;
(c) count, in such manner as may be prescribed, the votes cast in favour of each contesting candidate excluding from the count the ballot papers which bear-
103[(i) no official mark and signature;]
(ii) any writing or any mark other than the official mark and the prescribed mark or to which a piece of paper or any other object of any kind has been attached;
(iii) no prescribed mark indicating the contesting candidate for whom the elector has voted; or
(iv) any mark from which it is not clear for whom the elector has voted, provided that a ballot paper shall be deemed to have been marked in favour of a candidate if the whole or more than half of the area of the prescribed mark appears clearly within the space containing the name and symbol of that candidate; and where the prescribed mark is divided equally between two such spaces, the ballot paper shall be deemed not to show clearly for whom the elector has voted.
(5) The Presiding Officer may recount the votes-
(a) of his own motion if he considers it necessary; or
(b) 104[upon the request in writing] of a contesting candidate or an election agent or polling agent present if, in his opinion, the request is not unreasonable.
(6) The valid ballot papers cast in favour of each contesting candidate shall be put in separate packets and each such packet shall be sealed and shall contain a certificate as to the number of ballot papers put in it and shall also indicate the nature of the contents thereof, specifying the name and symbol of the contesting candidate to whom the packet relates.
(7) The ballot papers excluded from the count shall be put in a separate packet indicating thereon the total number of ballot papers contained therein.
(8) The packets mentioned in clause (6) and (7) shall be put in a principal packet which shall be seated by the Presiding Officer.
(9) The Presiding Officer shall, immediately after the count, prepare a statement of the count in such form as may be prescribed showing therein 105[,in both words and figures,] the number of valid votes polled by each contesting candidate and the ballot paper excluded from the count.
(10) The Presiding Officer shall also prepare in the prescribed form a ballot paper account showing separately-
(a) the number of ballot papers entrusted to him;
(b) the number of ballot papers taken out of the ballot box or boxes and counted;
(c) the number of tendered ballot papers;
(d) the number of challenged ballot papers;
(e) the number of un issued ballot papers; and
(f) the number of spoilt ballot papers.
106[(11) The Presiding Officer shall 107[***] give a certified copy of the statement of the count and the ballot-paper account, showing the numbers in both words and figures, to such of the candidates, their election agents or polling agents as may be present, and obtain a receipt for such copy, and if any such person refuses to give any receipt, the Presiding Officer shall record that fact.]
(12) The Presiding Officer shall seal in separate packets-
(a) un-issued ballot papers;
(b) spoilt ballot papers;
(c) tendered ballot papers;
(d) challenged ballot papers;
(e) the marked copies of the electoral rolls;
(f) counterfoils of used ballot papers;
(g) the tendered votes list;
108[(gg) ballot box issue forms showing the total number of ballot boxes issue and used.]
(h) the challenged votes list; and
(i) such other papers as the Returning Officer may direct.
109[(13) The Presiding Officer shall obtain on each statement and packet prepared under this Article the signature of such of the contesting candidates or their election agents or polling agents as may be present, and if any such person refuses to sign, the Presiding Officer shall record that fact.]
(14) A person entitled to sign a packet or statement under clause (13) may, if he so desires, also affix his seal to it.
(15) After the close of the proceedings under the foregoing clause the Presiding Officer shall, in compliance with such instructions as may be given by the Commission in this behalf, cause the packets, the statement of the count and the ballot paper account prepared by him to be sent to the Returning Officer together with such other records as the Commission may direct 110[, and shall also send a copy of the statement of the count to the Commission by post.]
41. (1) After the termination of the proceedings relating to an election under Article 17 where the proceedings have been so terminated, or after the declaration of the result of an election under Article 19, or Article 39, the deposit made under Article 13 in respect of any candidate shall be returned to the person making it or to his legal representative except the deposit in respect of a candidate who has received less than one-eighth of the total number of votes cast at the election.
(2) A deposit which is not required to be returned under clause (1) shall be forfeited to the Government.
112Chapter IIIA
ELECTION EXPENSES
44AA. (1) 114[At the time of submitting the nomination paper, every contesting candidate shall submit to the Returning Officer,] a statement, in the prescribed form, of the probable sources of fund to meet his election expenses showing-
(a) the sum to be provided by him from his own income and the sources of such income;
(b) the sum to be borrowed, or received as voluntary contribution, from his relations and the sources of their income;
(c) the sum to be borrowed, or received as voluntary contribution, from any other person;
(d) the sum to received as voluntary contribution from any political party, organisation or association;
(e) the sum to be received from any other source 115[:
Provided that the provisions of sub-clauses (a) to (e) shall not apply to a case where the amount of such sum is not more than taka five thousand to be received as voluntary contribution or grant.]
Explanation - In this clause, “relations” mean spouse, parents, sons, daughters, brothers and sisters.
(2) The statement under clause (1) shall be accompanied by a statement, in the prescribed form, of the contesting candidate's assets and liabilities and his annual income and expenditure and 116[***], a copy of the income-tax return last submitted by him.
(3) A copy of the statement submitted under clause (1), together with a copy of the statement and the return mentioned in clause (2), shall be sent by the contesting candidate to the Commission by registered post at the time of their submission to Returning Officer.
(4) If the contesting candidate receives any sum from any source other than any of the sources mentioned in his statement submitted under clause (1), he shall, 117[ with the return under clause (1) of Article 44C ] , submit a supplementary statement to the Returning Officer showing the sum so received and the source from which it is received, and a copy of such statement shall be sent by him to the Commission by registered post at the time of its submission to the Returning Officer.
44B. (1) No person shall, except to the extent provided in clause (2), make any payment whatsoever towards the election expenses of a candidate except to the election agent of such candidate.
(2) No person other than the election agent of a contesting candidate shall incur any election expenses of such candidate:
Provided that-
118[* * *]
(ii) any person may, if so authorised by the election agent in writing specifying a maximum amount, to the extent of such amount, make payment for stationery, postage, telegram and other petty expenses.
119[120[(3) The election expenses of a contesting candidate, including the expenditure incurred for him by the political party which has nominated him as its candidate, shall not exceed taka 121[122[twenty five] lakh:] 123[:
Provided further that the election expenses of a contesting candidate shall be determined per capita on the basis of total number of electors in a constituency and a notification to that effect shall be published in the official Gazette.]
(3A) The amount of the money mentioned in clause (3) or any portion thereof shall not be utilised for-
(a) printing of a poster with more than one colour; or
124[(aa) printing of a poster of a size bigger than the size prescribed or specified by the Commission; or]
125[***]
(d) setting up a pandal covering an area of more that four hundred square feet; or
(e) making any banner by using any cloth; or
(f) employing or using more than three microphones or loudspeakers at a time in a constituency; or
(g) commencing election publicity in any manner at any time three weeks prior to the date fixed for the poll; or
126[(h) setting up more than one election camp or office in any union or in any ward of a municipality or city, or more than one central election camp or office in any constituency; or
(hh) entertainment of electors in any manner; or]
(i) using any vehicle or vessel such as, truck, bus, car, taxi, motor cycle and speed-boat, for taking out any procession; or
127[(ii) hiring or using any vehicle or vessel of any kind for conveying electors to or from any polling station; or]
(j) illumination by use of electricity in any form; or
(k) using symbol or portrait of a candidate with more than one colour; or
(l) display of a symbol exceeding the size prescribed by the Commission. 128[; or
(m) writing in ink or paint or in any manner whatsoever as means of advertisement for propogating election campaign 129[; or]
130[(n) to operate camps on the polling day.]
131[(3B) Any money utilized in violation of any provision of clause (3A) shall be deemed to be election expenses incurred by the contesting candidate concerned in excess of the amount mentioned in clause (3) and shall be deemed to be a contravention of Article 44B.]
(4) Any candidate incurring personal expenditure and any person making any payment under clause (2) shall, within 132[seven days] of the declaration of the result of the election, send to the election agent a statement of such expenditure or particulars of such payment.
(5) An election agent shall, by a bill stating the particulars and by a receipt, vouch for every payment made in respect of election expenses except where the amount is less than Taka 133[one hundred].
139[44CC. (1) Every political party setting up any candidate for election shall maintain proper account of all its income and expenditure for the period from the date of publication of notification under clause (1) of Article 11 till the completion of elections in all the constituencies in which it has set up candidates and such account shall show clearly the amount received by it as donation above 140[taka five thousand] from any candidate or any person seeking nomination or from any other person or source giving their names and addresses and the amount received from each of them and the mode of receipt.
(2) The funds of every such political party shall be deposited and maintained in any scheduled bank.
(3) No such political party shall expend during the aforesaid period for election purposes, including election expenses for the contesting candidates set up by it, an amount exceeding-
(a) where the number of such candidates is more than two hundred, 141[taka four crore and fifty lakh],
(b) where the number of such candidates is more than one hundred but not more than two hundred, 142[taka three crore],
(c) where the number of such candidates is, 143[ more than fifty but not more than one hundred, taka one crore and fifty lakh] 144[,
(d) where the number of such candidates is not more than fifty, taka seventy five lakh:
Provided that the amount mentioned in sub-clauses (a), (b), (c) and (d) shall be subject to maximum taka one lakh and fifty thousand per candidate145[:
Provided further that the expenditure incurred by the party chief for travelling to various constituencies for the purposes of election campaign shall be excluded.]
(4) No such political party shall receive any donation amounting to more than 146[taka twenty thousand] unless it is made by cheque.
(5) If any political party contravenes any provision of this Article, it shall be punishable with fine which may extend to taka ten lakh.
152Chapter IIIB
ADMINISTRATION AND CONDUCT DURING ELECTION PERIOD
Chapter IV
[ELECTION EXPENSES
Chapter V
ELECTION DISPUTES
50. The petitioner shall join as respondents to his election petition-
(a) all contesting candidates; and
(b) any other candidate against whom any allegation, if any, of any corrupt or illegal practice is made 159[. ]
160[* * *]
Explanation-In this Article and in the following provisions of this Chapter, “corrupt or illegal practice” means a “corrupt practice” or an “illegal practice” within the meaning of Chapter VI.
63. (1) The High Court Division shall declare the election of the returned candidate to be void if it is satisfied that-
(a) the nomination of the returned candidate was invalid; or
(b) the returned candidate was not, on the nomination day, qualified for, or was disqualified from, being elected as a member; or
(c) the election of the returned candidate has been procured or induced by any corrupt or illegal practice; or
(d) a corrupt or illegal practice has been committed by the returned candidate or his election agent or by any other person with the connivance of the candidate or his election agent; or
167[(e) The returned candidate has spent more money than what is allowed under Article 44B(3).]
(2) The election of a returned candidate shall not be declared void on the ground-
(a) that any corrupt, or illegal practice has been committed if the High Court Division is satisfied that it was not committed by, or with consent or connivance of, that candidate or his election agent and that the candidate and the election agent took all reasonable precaution to prevent its commission; or
(b) that any of the other contesting candidates was, on the nomination day, not qualified for, or was disqualified from, being elected as a member.
Chapter VI
OFFENCES, PENALTY AND PROCEDURE
75. A person is guilty of bribery, if he, directly or indirectly, by himself or by any other person on his behalf,-
(1) receives or agrees to receive or contracts for any gratification for voting or refraining from voting, or for being or refraining from being a candidate at, or for withdrawing from an election;
(2) gives, offers or promises any gratification to any person-
(3) (a) for the purpose of inducing-
(i) a person to be, or to refrain from being a candidate at an election;
(ii) an elector to vote, or refrain from voting at an election; or
(iii) a candidate to withdraw an election; or
(b) for the purpose of rewarding-
(i) a person for having been, or for having refrained from being, a candidate at an election;
(ii) an elector for having voted or refrained from voting at an election; or
(iii) a candidate for having withdrawn from an election.
Explanation- In this article “gratification” includes a gratification in money or estimable in money and all forms of entertainment or employment.
77. A person is guilty of undue influence, if he,-
(1) in order to induce or compel any person to vote or refrain from voting, or to offer himself as a candidate, or to withdraw his candidature, at an election, directly or indirectly by himself or by any other person on his behalf,-
(a) makes or threatens to make use of any force, violence or restraint;
(b) inflicts or threatens to inflict any injury, damage, harm or loss;
(c) calls down or threatens to call down divine displeasure of any saint or Pir;
(d) gives or threatens to give any religious sentence; or
(e) uses any official influence or governmental patronage; or
(2) on account of any person having voted or refrained from voting, or having offered himself as a candidate, or having withdrawn his candidature, does any of the acts specified in sub clause (1);
(3) by abduction, duress or any fraudulent device or contrivance,-
(a) impedes or prevents the free exercise of the franchise by an elector; or
(b) compels, induces or prevails upon any elector to vote or refrain in from voting.
Explanation- In this Article “harm” includes socialostracism or ex communication or expulsion from any caste or community.
78. (1) No person shall convene, hold or attend any public meeting, and no person shall promote or join in any procession within the area of any constituency 178[during the period beginning at forty-eight hours prior to start of the poll and ending at forty-eight hours after conclusion of the poll] for any election in that constituency.
179[(1A) During the time mentioned in Article 78(1) no person shall:
(a) Resort to an act of violence or unruly behaviour,
(b) hold threats or intimidate voters or persons connected with election activities or duties,
(c) show or use any arms or force.]
(2) Any person who contravenes 180[the provisions of clause (1) or clause (1A)] shall be punishable with 181[rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine].
80. A person is guilty of an offence punishable with imprisonment for a term which may extend to 183[three years and shall not be less than six months, and also with fine ], if he, on the polling day,-
(1) uses, in such manner as to be audible within the polling station, any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds;
(2) persistently shouts in such manner as to be audible within the polling station;
(3) does any act which-
(a) disturbs or causes annoyance to any elector visiting a polling station for the purpose of voting; or
(b) interferes with the performance of the duty of a Presiding Officer, Assistant Presiding Officer, Polling any duty at a polling station; or
(4) abets the doing of any of the aforesaid acts.
81. (1) Except as provided in clause (2) a person is guilty of an offence punishable with 184[rigorous imprisonment for a term which may extend to 185[seven years] and shall not be less than three years, and also with fine], if he-
(a) intentionally defaces or destroys any nomination paper, ballot paper or official mark on a ballot paper;
(b) intentionally takes out of the polling station any ballot paper or puts into any ballot box any ballot paper other than the ballot paper he is authorised by law to put in;
186[(bb) is found in possession of any ballot paper or ballot paper book or is seen exhibiting them before the members of the public outside the polling station;]
(c) without due authority,-
(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers in use for the purpose of election; or
(iii) breaks any seal affixed in accordance with the provisions of this Order;
187[(cc) without due authority and reasonable excuse destroy or interfere with any device, accessories or software programme that is used, or intended to be used, for or in connection with EVM.]
(d) forges any ballot paper or official mark;
(e) causes any delay or interruption in the beginning, conduct or completion of the procedure required to be immediately carried out on the close of the poll 188[;
(f) in the furtherance of the prospect of the election of a contesting candidate or to subvert election, captures, or abets or connives at, the capturing of, a polling station or polling booth-
(i) and compels the polling authorities to surrender the ballot papers, ballot boxes or other polling materials and documents and do any other acts affecting the orderly conduct of election or counting of votes or preparation of documents relating to election; or
(ii) drives out any candidate or his election agent or polling agent from the polling station and compels the polling authorities to proceed with the election work in their absence; or
(iii) drives out polling authorities, seizes the ballot papers, ballot boxes, polling materials and documents and use them fraudulently in such manner as he likes; or
(iv) allows only his supporters or supporters of his candidate or the candidate of his political party to vote and prevents others from voting.]
(2) A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any other officer or clerk on duty in connection with the election, who is guilty of an offence under clause (1), shall be punishable with 189[rigorous imprisonment for a term which may extend to ten years and shall not be less than three years, and also with fine].
193[84A. If a person by threat, intimidation, hurt or otherwise by application of force, obstructs or tries to obstruct any person performing duties in connection with any election under this Order, or obstructs or tries to obstruct any representative of media or observer authorized by the Commission in connection with any election under this Order, and/or does any harm to his body or damage to his equipment related to performance of duty or prevents or tries to prevent any voter from going to polling station to cast vote or any candidate from submitting nomination paper, or compels or tries to compel any candidate to withdraw nomination paper, shall be guilty of an offence and shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine.]
200[89A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), any person for the time being performing any duty in connection with an election, excluding any member of a law enforcing agency, may, if authorized by the Commission, by general or special order, in this behalf-
(a) exercise the powers of a Magistrate of the first class under the said Code in respect of the offences punishable under 201[Article 73(2B), 74(2A), (3), (4), (5), (6),], Article 78, Article 79, Article 80, Article 81(1) and Article 82; and
(b) take cognizance of any such offence under any of the clauses of sub-section (1) of section 190 of the said Code, and shall try any such offence in a summary manner in accordance with the provisions of the said Code relating to summary trials.]
202Chapter VIA
REGISTRATION OF POLITICAL PARTIES WITH THE COMMISSION
90B. (1) If any political party desires to be registered, it shall-(a) fulfill one of the following conditions, namely-
(i) secured at least one seat with its electoral symbol in any parliamentary election held since the independence of Bangladesh; or
(ii) secured five percent of total votes cast in the constituencies in which its candidates took part in any of the aforesaid parliamentary elections; or
(iii) established a functional central office, by whatever name it may be called with a central committee 203[,functional] district offices in at least in one-third administrative districts, offices 204[in] at least one hundred Upazilas or Metropolitan Thana having a minimum number of two hundred voters as its members in each of them; and
(b) In addition to comply with the terms and conditions referred to in 205[sub-clause(a)], political party, disiring to be registered with the commission, shall have the following specific provisions in its constitution, namely-
(i) to elect the members of the committees at all levels including members of the central committee ;
(ii) to fix the goal of reserving at least 33% of all committee positions for women including the central committee and successively achieving this goal by the year 206[2030];
(iii) to prohibit formation of any organization or body as its affiliated or associated body 207[consisting of] the teachers or students of any educational institution or the employees or labourers of any financial, commercial or industrial institution or establishment or the members of any other profession :
Provided that nothing shall prevent them from organizing independently in their respective fields or forming association, society, trade union etc. and exercising all democratic and political rights, and individual, subject to the provisions of the existing laws, to be a member of any political party.
(iv) to finalize nomination of candidate by central parliamentary board of the party in consideration of panels prepared by members of the Ward, Union, Thana, Upazila or District committee, as the case may be, of concerned constituency.
(2) If an independent member of parliament joins any unregistered political party, the fact of his joining shall not qualify that party for registration with the commission.
90D. Any political party complying with the conditions laid down in Article 90A, Article 90B and not disqualified under Article 90C may apply for registration in the prescribed manner under the signature of its Chairman and General Secretary or any other person holding the equivalent rank :
Provided that the Commission may allow any political party to apply for registration which has a provisional consititution containing provisions as specified under sub-clauses (b)(i), (b)(ii), (b)(iii) and (b)(iv) of clauses (1) of Article 90B as well as complying with the provisions under Article 90C along with a resolution of the highest policy-making body of the party, by whatever name it may be called, to the effect that the party shall submit a ratified consititution 208[within 209[30 (thirty) days from the date of application for registration].
90H. (1) The registration of a political party may be cancelled for the following reasons, namely-
(a) if the party is declared dissolved according to the constitution of the party by the highest decision making body, by whichever name it is called, or an application is made to the Commission along with the minute for dissolution of the party under the signature of the chairman and general secretary of the party or any other person holding equivalent rank;
(b) if the political party is declared banned by the Government;
(c) if the political party fails to provide any information under this Order and rules to the Commission 213[for three consecutive years];
(d) if the political party violates the provision of 214[clause (1)(b) of Article 90B]; 215[***]
(e) if the political party does not participate in the parliamentary elections for two consecutive terms 216[; or
(f) if the political party fails to submit a ratified constitution within the stipulated period as mentioned in the proviso of Article 90D. ]
(2) The Commission shall, prior to cancellation of registration under 217[sub-clauses (c), (d), (e) and (f)] give the concerned political party an opportunity of being heard in the prescribed manner.
(3) No political party shall be registered in the name of a political party which has been declared dissolved.
(4) The name of the dissolved and cancelled political parties shall be published in the Official Gazette.
Chapter VII
MISCELLANEOUS
219[91. 220[* * *] Save as otherwise provided, the Commission may-
(a) stop the polls at any polling station 221[or entire constituency, as the case may be,] at any stage of the 222[polling] if it is convinced that it shall not be able to ensure the conduct of the 223[polling] justly, fairly and in accordance with law due to malpractices, including coercion, intimidation and pressures, prevailing at the 224[polling];
225[(aa) withhold the result of any polling station or polling stations, if it is convinced that the result of such polling station or polling stations was grossly prejudiced by malpractices including coercion, intimidation, manipulation or otherwise, and after prompt inquiry of the matter, in a manner as it may deem appropriate, direct publication of the result of such polling station or polling stations or declare the election of any such polling station or polling stations cancelled with direction for holding of a fresh poll in such polling station or polling stations, as that may seem to it to be just and appropriate;]
(b) review an order passed by an officer under this Order or the rules, including rejection or acceptance of a ballot paper; and
(c) issue such instructions and exercise such powers, and make such consequential orders as may, in its opinion, be necessary for ensuring that an election of any polling station is conducted impartially, justly and fairly, and in accordance with the provisions of this Order and the rules.
91A. (1) 226[* * *] The Commission shall establish a Committee to ensure the prevention and control of pre-poll irregularities, to be known as the Electoral Enquiry Committee, hereinafter refereed to as “the Committee.”
(2) 227[* * *] The Committee shall consist of such number of persons as may be determined by the Commission from amongst the Judicial Officers.
(3) 228[* * *] The Committee shall, on the basis of information received by it, or complaints made to it, or on its own initiative, inquire into any matter or situation which in its view may constitute an offence under this order, or 229[any pre-poll irregularity including any situation or matter which, in its opinion, may involve], by any person whosoever, as act or omission constituting intimidation, obstruction, coercion, or the publication of false information, or any other act or omission intended to or actually resulting in the obstruction or frustration of the preparation for, or the conduct of, free and fair election in accordance with this Order and the rules.
(4) 230[* * *] In performing its function under this order, and subject to the direction of the Commission, the Committee may conduct any inquiry as it deems necessary before the election is over.
(5) 231[* * *] The Committee, in conducting such inquiry, shall have the right to:
(a) require, in writing, any person to appear before it and give evidence under oath or affirmation to it; and
(b) require, in writing, any person to produce any documents or objects under his control to it.
232[(6) After conducting an inquiry, the Committee shall inform the Commission within three days of the inquiry and may make a recommendation which may include-
(a) proposals for any order, directive or instruction to be made by the Commission to any person responsible for any act to stop such act forthwith; or
(b) in the case of any omission, to perform any specific act, including, if necessary, the appropriate correction of any false information.]
233[(6a) After receiving the recommendation under clause (6), the Commission may issue necessary order or instruction to the concerned person, or registered political party to implement the recommendation.
(6b) Where, any order or instruction is issued under clause (6a), the concerned person or registered political party shall carry out the same instantly.
(6c) In the event of non-compliance of an order or instruction made under clause (6a), the Commission may impose a fine not exceeding taka one lakh but not less than taka twenty thousand upon the concerned person or registered political party, and by a notification published in the official Gazette, cancel the candidature of the candidate.]
234[(7) The Commission shall, for the purpose of clause (1), specify the acts and omissions which shall be deemed to be per-poll irregularities and shall publish them in the official Gazette or in such other manner as it deems fit.
(8) Any proceeding before the Committee shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Penal Code (Act XLV of 1860).
(9) The Committee shall have the powers of a civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of enforcing the attendance of any person and examining him on oath or affirmation and compelling the production of documents and material objects.]
235[91C. (1) The Commission may permit in writing any person, whether national or foreign, as an election observer who is in no way associated with or affiliated to, any political party or contesting candidate and who is not known for his sympathy, direct or indirect, for any particular political ideology, creed or cause or for any manifesto, program, aims or object of any political party or contesting candidate.
(2) An election observer may, in accordance with the guidelines issued by the Commission, observe any poll by staying, near about any polling station or entering into, with the permission of the Presiding Officer, any polling booth or polling station or by being present at the counting of votes or consolidation of the results of the count.
(3) No election observer shall be allowed to observe the poll as aforesaid, unless he displays the permit of the Commission bearing his name, nationality and photograph attested by the Commission.
(4) An election observer may be asked by any Returning Officer or Presiding Officer to leave any constituency or polling station, if he is found indulging in any activities not befitting any neutral election observer or interfering with the polling process or with the work of the election authorities in any manner.
(5) Any action taken under clause (4) shall be reported to the Commission forthwith.
(6) An election observer may submit a report to the Commission or the Returning Officer on his observation about the fairness or otherwise of the poll, discipline and situation inside and outside the polling station, counting of votes, consolidation of the results of the count, compliance with the provisions of this Order or the rules or the Code of Conduct, or on any other matter relating to election.
(7) Notwithstanding anything contained in this Order, the Commission or the Returning Officer, as the case may be, may consider the report of an election observer along with any other report submitted or sent to it or him under this Order at the time of taking any decision under any provision of this Order in respect of any matter on which the report of the observer has any bearing.
236[91E. (1) Notwithstanding anything contained in this Order or rules, if it appears to the Commission on receiving an information from any source or written report that, any contesting candidate or his agent or any other person on his behalf, by his order or under his direct or indirect consent, engages or attempts to engage in any serious illegal activity or violates or attempts to violate any provision of this Order or rules or Code of Conduct for which he may be disqualified to be elected as a member, the Commission may pass an order for an investigation of the matter giving the contesting candidate a reasonable opportunity of being heard.
(2) After receiving the investigation report under clause (1), if the Commission is satisfied that, the report was true, the Commission may, by a written order, cancel the candidature of such candidate and in that event the election shall be held among the other contesting candidates of the concerned constituency; and where only one person remains as a contesting candidate because of cancellation of cadidature of the other contesting candidate, election shall be held under Article 17 for that constituency 237[:]
238[Provided that the candidate whose candidature has been cancelled under this clause shall not be eligible to be elected under Article 17.]
(3) Any order made under clause (2) shall be sent to the concerned candidate or his election agent by hand or by fax or by e-mail or by courier service or by any other possible means.
(4) The order made under clause (2) shall immediately be sent to the Returning Officer, Presiding Officer and other contesting candidates and the political party that has nominated such candidate.
(5) The order made under clause (2) shall be notified in the Official Gazette and in any other manner which the commission thinks fit.]
