The Election Commission has drafted the Representation of the People Order (Amendment) Ordinance, 2025, proposing major changes, including a ‘No Vote’ option to avoid uncontested elections, involving the armed forces as a law enforcement agency and limiting candidates to contesting in no more than two constituencies.
The draft RPO also enhanced the EC’s authority to stop the polls and cancel the candidacy of an elected member of parliament even during the post-election period on charge of inconsistent or false information in an affidavit and the statement of income and expenditure.
If the draft RPO is enacted, the Commission’s authority over the government departments and officers and the presiding officer’s authority to stop the polling would go up.
“The draft of RPO is almost finalized. But only one thing related to expatriate voters is now being reviewed. The draft RPO will soon be sent to the law ministry (to make it law by promulgating an ordinance),” Election Commissioner Abdur Rahmanel Masud told UNB on Monday.
He said the draft RPO, if passed, would allow the Election Commission to stop voting in a whole constituency for irregularities, a power the Awami League removed in 2023 before the 2024 polls.
The current commission, headed by Chief Election Commissioner AMM Nasir Uddin, drafted the RPO (Amendment) Ordinance, 2025 ahead of the 13th parliamentary election planned to be held in early February 2026.
In the draft law, the Armed Forces, — Bangladesh Army, Bangladesh Navy and Bangladesh Air Force —have been added to the definition of law enforcing agencies alongside Police, Armed Police Battalion, Rapid Action Battalion, Ansar Force, Battalion Ansar, Border Guard Bangladesh and Coast Guard.
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The Armed Forces had earlier been included in the definition of law enforcement agencies, but the Awami League government dropped them during its first term after the 2008 general election. As a result, the armed forces were deployed as just striking forces in the past three general elections in 2014, 2018 and 2024.
The draft law empowers the Election Commission to declare the candidacy of an elected contestant illegal and even cancel the election within five years if it finds any inconsistency or false information in the candidate’s affidavit or the statement of income and expenditure.
EC’s Priority
Two new provisions — Articles 5(3) and 5(4) of the RPO, 1972 — have been inserted to ensure the EC’s dominance and enhance its authority over government officials and departments.
The Article 5(3) stipulates that if any dispute arises between the government and the EC regarding assistance, the EC’s requirements shall take precedence.
The Article 5(4) authorises the EC to take necessary punitive action against any officer, employee or government department if it is satisfied that they have neglected their duties.
A new provision proposed in the Article 7 of RPO states that the disciplinary action taken in response to the recommendations of this Commission shall be recorded in the personal records, service records and annual confidential report of the officer or person. The appointing authority shall inform the Commission in writing about the actions taken against the officers concerned within ten working days, it added.
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Another amendment proposes that no person can contest in more than two constituencies simultaneously. Under the existing Article 13A of the RPO, a person can be a candidate in more than three constituencies. The draft law says if someone contests in more than two, all his nomination papers will be void.
‘No Vote’
The EC has incorporated a ‘No Vote’ option to ensure no one is elected uncontested. If only one person remains as a contesting candidate after scrutiny or withdrawal of candidature, that candidate must contest against a ‘No Vote’ option in that constituency.
If ‘No Vote’ gets more ballots than the candidate, a fresh schedule must be announced for the election. If the candidate gets more votes, he will be declared elected.
The provision for the ‘No Vote’ option along with other electoral symbols was incorporated in the RPO ahead of the 2008 national election but was dropped before the 2014 election.
Single Platform for Candidates
A new provision requires returning officers or assistant returning officers to take measures for bringing all candidates on a single platform after symbol allocation to announce their manifestos and pledge to abide by the code of conduct in a spirit of harmony among them.
Polling Suspension
Under the proposed Article 25, a presiding officer could stop the polling, if it is interrupted beyond control, or if ballot boxes are unlawfully removed, destroyed, lost or tampered to such extent that the result of the poll at the polling station cannot be ascertained. The current RPO does not permit a presiding officer to stop polling before seeking help from law enforcement agencies and failing to restore order.
Post-Polls Candidacy Cancellation
The proposed ordinance allows the EC to investigate any affidavit or statement of income-expenditure return submitted by an elected candidate for discrepancies or false information even after the election. If, after a hearing and investigation, the commission is satisfied that such discrepancies exist, it can declare the candidacy unlawful, cancel the election, and arrange a fresh poll in that constituency.
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The draft law also made it mandatory for an aspirant to mention the statements of income sources and assets of the persons and dependents.
The next national election in Bangladesh is likely to be held in the first half of February, as indicated by Chief Adviser Prof Muhammad Yunus and Chief Election Commissioner AMM Nasir Uddin.
The Chief Election Commissioner also said the Election Commission has stepped up preparations across the country for the election.