Shawal Mahamud Khan Nirjhor
Md. Shariful Alam, Director (Public Relations) has given in a press release regarding Rules of Conduct of Political Parties and Candidates, 2008, some of the dignitaries are commenting in various electronic media talk shows or newspapers that the Election Commission is lax in enforcing the code of conduct. Such concocted statements by prominent figures in the media can mislead the public. It may negatively affect the upcoming National Assembly elections by undermining public confidence in the Election Commission as a constitutional body; which is not desirable at all. For this reason the following statement is issued to highlight the actual position of law and rule, namely-
(A) There is a statutory regulation called the Political Parties and Candidates Conduct Rules, 2008 to regulate the conduct of campaigns in general elections and by-elections of the National Assembly. According to rule no. 5 of the said rules, political parties, nominated candidates or independent candidates have to follow the instructions mentioned in rules no. 6 to 14 of the rules. In this case, it should be noted that the main subject of the code of conduct is political parties and candidates. A candidate can be a party nominee or an independent. 21 (twenty one) days earlier is mentioned in Rule No. 12 of the Rules. This means candidates will not get more than 21 (twenty one) days to campaign.
(B) A candidate nominated by a political party or independent is not a candidate within the meaning of the Act and Code of Conduct until the candidature is finalized by the Returning Officer. Election campaign opportunities will be selection of returning officers, After finalizing the list of candidates for a constituency by completing appeal decisions, etc. and allotting symbols and opening the field for campaigning. Then all the candidates in the constituency will be equally one candidate. From that time the code of conduct will apply to them. Rule No. 12 relating to conduct prohibits any election campaign by or on behalf of a candidate prior to 21 (twenty one) days. The campaign period for the candidates has been fixed from December 18 this year to January 5, 2024 at 8 am. No person is legally eligible to be a candidate before December 18. As a result, there is no opportunity to campaign for or against any candidate in any constituency.
DCT/OL/AHS/END
