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Independence of Bangladesh Election Commission :A Critical Analysis

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Independence of Bangladesh Election Commission :A Critical Analysis Independence of Bangladesh Election Commission :A critical analysis. M. Phil thesis By Bijan Halder Dept. of Political Science Session: 2009-2010 Registration No: 159 University of Dhaka. Proposal: Independence of Bangladesh Election Commission : A critical analysis. A thesis submitted to the University of Dhaka in conformity with the requirements for the degree of masters of philosophy by Bijan Halder Under the supervision of Dr. Dil Rowshan Ara Naznin Professor, Dept. of Political Science University of Dhaka. Dedication To My Parents & My Reverent Supervisors Declaration To the best of my knowledge, I confirm that this thesis contains no material previously published or written by another person except by way of quotation and duly acknowledged. It is based on my own research work and has not previously been submitted for a degree or diploma of any university at home or abroad. Bijan Hajder Dept. of Political Science Session: 2009-2010 Registration No: 159 University of Dhaka. i Certification The dissertation entitled “Independent of Bangladesh Election Commission : A critical analysis ” by Bijan Halder under my supervision is satisfactory for submission to the department of Political Science, University of Dhaka for the award of the degree of Masters of Philosophy. The information’s collected from different sources have been duly acknowledged in this thesis. Supervisor March, 2015 Dr. Dil Rowshan Ara Naznin Professor, Dept. of Political Science University of Dhaka. ii Abstract Election is called the basic pillar of democracy. It is a very important and only method in a democracy to established democratic government or a other democratic institution in a democratic country. Election is the foundation or bedrock on which democracy stands. The word “Election” implies those who are to elect, called the “electors”, the office to which election is to be made, the person is to be elected called the candidate. Democracy is a concept derived from political philosophy which main requirement is the process of election. Election commission or election laws lay down on the manner in which the electoral right is to be exercised. In our constitution under the chapter of fundamental principles of state policy it has been declared in article 11 that “The republic shall be a democracy in which fundamental human right, freedom and respect for dignity and worth of the human person shall be guaranteed, and which the effective participation by the people through their elected representatives in administration at all level, shall be ensured.” On the strength of these fundamental principal of the state policy election is being held in the country by the election commission. If I carefully go through and study the Articles 118 to 126 of the constitution about the election commission it will be seen that to ensure free, fair, neutral election,the election commission shall be independent in the exercise of its function and all of the executives authorities are under obligation to assist the Election Commission in the discharge of it’s function. The parliamentary election are held under the representation of the people order 1972 and the rules made thereunder. iii Acknowledgement There are many debts I have to record and it is a great pleasure to acknowledge.First and foremost, I am most grateful to my respected teacherDr. Dil Rowshan Ara Nazninand, Professor Dept. of Political Science, University of Dhaka and Dr. Nurulamin Bepari, Professor &Chairmen department of political sciencefor their valuable advice and sincere supervision. I owe special gratitude to my respected teacher Dr. Amran Ahmed, Professor, department of political science, University of Dhaka for his valuable advice and sincere direction to maintain the legal framework of my thesis. I also owe a deep debt of gratitude to my respected teacher professor Abdul Mannan, Department of Government and Politics, Jahangirnagar University. I am also grateful to Dr. (Mrs.) Shawkat Ara Husain and Dr. Md. Gyasuddin Molla, Professor, Department of Political Science, University of Dhaka for their instruction and sincere direction to maintain the legal framework of my thesis. I can not but thanks to commissioner Sakhaoat Hossain, commissioner ATM Shamsul Huda for their valuable opinion on Election Commission and Mr. Swapan Bhoimik, S.M. Asduzzaman, Tarapada Babu, Mijanur Rahman, Md. Maqbul, Md. Saibur, Md. Aziz & Moni Sankar Roy for their nice cooperation as well as help in my working at Election Commission secretariat and last of all also grateful to Subhod Ranjan Biswash (my father in law) and Sanjida Biswash (my wife) for their sincere cooperation. iv List of Tables Page Table : 3.7 59 Table : 3.9 61 Table : 3.15 71 Table : 3.16 72 Table : 3.23 77 Table : 3.24 80 Table : 3.25 81 Table : 3.29 91 Table : 4.1 105 Table : 4.2 106 Table : 4.2(a) 107 Table : 4.3 109 Table : 4.3(a) 110 Table :4.4 112 Table :4.4(a) 113 Table :4.5 114 Table :4.5(a) 115 Table :4.6 116 Table : 4.7 118 v List of Figures Page Figure : 3.9 61 Figure : 4.8 119 Figure : 4.9 120 vi Abbreviation AL Bangladesh Awami league APSU All Party Student Unity BD Basic Democracy BKSL Bangladesh Krishak Sramik Awami League BML Bangladesh Muslim League BNP Bangladesh Nationalist Party BTV Bangladesh Television BUP Bangladesh Union Parishad CC City Corporation CEC Chief Election Commissioner CTH Chitatgong Hill Tracts CMLA Chief Martial Law Administration COAS Chief of Army staff COP Combined Opposition Party CPB Communist Party of Bangladesh DC District Commissioner DDC District Development Coordinator DUCSU Dhaka University Central Students Union EC Election Commission FBCCI Federation of Bangladesh chambers of Commerce and Industry ICAC Independence Commission Against Corruption IDL Islamic Democratic League INC Indian National Congress JAGODAL Jatiobadi Gonotantrik Dal JCD Jatio Chatra Dal JI Jamati-e- Islam Bangladesh JP Jatio Party JRB Jatio Rakkhi Bahini JSD Jatioamajtantrik Dal JUI Jamat-e- Ulema-e- Islam LDF Left Democratic Front LFO Legal Frame Work Order MEC Members Electoral College ML Muslim League MP Member of Parliament NA National Assembly NAP National Awami Party vii NCG Non part Care taker Government NDF National democratic Forum NDP National democratic Party NGO Non Governmental Organization NPT National Press Trust NWFP North West Frontier Province OC Office in Charge PA Provincial Assembly PCJSS Partbatta Chattgram Jano Sangit Samity MP Prime Minister PML Pakistan Muslim League PO Presiding Officer PPP Pakistan People’s Party SAARC South Asian Association for Regional Corporation SAC Students Action Committee SDO Sub Divisional Office SP Superintendent of police SPA Special Power Act SKOP Sramik Karmochari Oikky Parishad TDC Thana Development Committee TNO Thana Nirbahi Officer UP United Front viii Contents Sl. No. Topic Page No. Declaration i Certification ii Abstract iii Acknowledgement iv List of Tables v List of Figures vi Abbreviation vii Chapter 1 1.1 Introduction 1 Chapter 2 Research Methodology 16 2.1 Statement of the Research Problem 16 2.2 Objectives of the Study 22 2.2(a) Main Objectives 22 2.3 Hypotheses of the Study 22 2.4 Defining Variables 23 2.4(a) Dependent Variable: Free and fair Election 23 2.4(b) Independent Variable: Independence of Bangladesh 27 Election Commission 2.5 Rationality of the Study 38 2.5(a) Methodology 40 2.5(b) Data Collection Methods 41 2.6 Literature Review 42 2.7 Methods of Data Collection 48 2.8 Sources of Data 48 2.9 Data Presentation and Analysis 49 2.10 Limitations of the Study 50 2.11 Chapter Design 50 Chapter 3 Study Area 55 3.1 Bangladesh: Bangladesh Election Commission 55 3.2 Election Commission of Bangladesh; Its roots of 55 establishment 3.3 Election Commission Secretariat 57 3.3(a) Map of Bangladesh 57 3.4(a) Location map of Bangladesh Election Commission 58 3.5 Location and Area 58 3.6 The following have held the post of the Chief Election 59 Commissioner of Bangladesh. 3.7 Total Offers and Staffs 59 3.8 Election Commission Bangladesh 60 3.9 Chief Election Commissioner & Election Commissioners 61 3.10 Election Commission Secretariat 61 3.11 Secretariat 61 3.12(a) Regional Offices 63 3.12(b) District 63 3.12(c) Functions 64 3.12(d) Upazill/Thana setup 64 3.12(e) The National Level Elections 64 3.12(f) The Local Bodies Elections 65 3.13 Phases of Electoral Roll Preparation 66 3.14(a) First Phase: Data Collection 66 3.14(b) Primary Stage 66 3.14(c) Middle Stage 66 3.14(d) Last Stage 67 3.14(f) Second Phase: Re-scrutinizing the Forms 67 3.14(g) Third Phase: Data Collection and Identity Scrutiny at Reg. 68 3.14(h) Fourth Phase: Registration of Physically Challenged. Jail 68 Inmates, Missed-out Voters and Ailing People 3.14(i) Fifth Phase: Data Processing at Upazila Sewers 69 3.15 Main article: Bangladeshi general election, 2001 71 3.16 Bangladeshi general election, 2008 72 3.17 TheNinth National Parliamentary Elections 2008 72 3.18 Main political parties 72 3.19 Awami League-led coalition (Grand Alliance) 73 3.20 BNP-led coalition (4-Party Alliance) 74 3.21 Formation of the caretaker government 75 3.22 Struggle for new elections Jatiyo Sangsad Bhaban (2014) 76 3.23 Supreme Court ruling 77 3.24 Election 79 3.25 Summary of the 9th Bangladeshi Jatiyo Sangshad election 81 3.26 Reactions 81 3.27 Transfer of power 87 3.28 Bangladeshi general election, 2014 91 3.29 Bangladeshi general election, 2014 91 3.30 General elections were held in Bangladesh on 5 January 201492 92 3.31 Date 92 3.33 Protests and violence 93 3.34 Monitors 95 3.35 Opinion polls 95 3.36 Results 96 3.38 Reactions
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