The Election Commission has clarified the provisions related to qualifications and disqualification for an MP aspirant ahead of the upcoming national election scheduled to be held on February 12 next.
The commission, in the election circular-1 issued following the announcement of election schedule on Thursday, explained who can be MP aspirant in the 13th parliamentary election, citing the relevant provisions stated in the Constitution and the Representation of the People Order.
Chief Election Commissioner AMM Nasir Uddin on Thursday (December 11) announced the schedule to arrange the 13th parliamentary election and a referendum on the July National Charter (Constitutional Reform) Implementation Order 2025 simultaneously on February 12 (Thursday).
According to the election schedule, the deadline for the submission of nomination paper is December 29, while the scrutiny of nomination paper is on December 30-January 4 and the last date for submission of appeal against the decisions of the returning officers is January 11.
The appeals would be disposed of on January 12-18. The last date for the withdrawal of candidature is January 20.
The returning officers will publish the final lists of candidates and allocate electoral symbols on January 21. The election campaign will start on January 22 and continue till 48 hours before the balloting period (7:30am on February 10).
The Article 66 of the Constitution and Clause 12 of the RPO state two qualifications – a citizen of Bangladesh and attainment of the age of 25 years and a number of qualifications to be a member of parliament.
According to the Article 66 (1) of the Constitution, a person shall be qualified to be elected as, and to be, a member of Parliament if he is a citizen of Bangladesh and has attained the age of twenty-five years.
The same Article states that a person shall be disqualified for election as, or for being, a member of Parliament who – (a) is declared by a competent court to be of unsound mind; (b) is an undischarged insolvent; (c) acquires the citizenship of, or affirms or acknowledges allegiance to, a foreign state; (d) has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; [(e) has been convicted of any offence under the Bangladesh Collaborators (Special Tribunals) Order, 1972; (f) holds any office of profit in the service of the Republic other than an office which is declared by law not to be disqualified its holder ; or (g) is disqualified for such election by or under any law.
But if any person being a citizen of Bangladesh by birth acquires the citizenship of a foreign State and then the person gives up the foreign citizenship in case of the dual citizenship or again accepts the citizenship of Bangladesh in other cases, he shall not be deemed to acquire the citizenship of a foreign State.
Besides, a person shall not be deemed to hold an office of profit in the service of the Republic by reason only that he is the President, the Prime Minister, the Speaker, the Deputy Speaker, a Minister, Minister of State or Deputy Minister, according to Article 66 of the Constitution.
The circular also cited the definition of ‘the service of the Republic’ mentioned in the Article 152 of the Constitution, saying that “the service of the Republic” means any service, post or office whether in a civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be a service of the Republic.
The Clause 12 of the RPO states that 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.
About the disqualifications, the same clause of the RPO states 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, or (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.
As per the clause, a person shall be disqualified if he (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.
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The other disqualifications include if a person is (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 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 [which] has defaulted in repaying before the day of submission of nomination paper any loan or any instalment thereof taken by [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 the day of submission of nomination paper; or [(o) has been convicted of any crime under the International Crimes (Tribunals) Act, 1973.
The RPO states “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 the government has more than 50% (fifty percent) share.