The government has barred corrupt people from participating in any parliamentary or local government election by amending the rules of Emergency Power Ordinance (EPO).

Any person, convicted of corruption by a trial court, will be disqualified from contesting in any election until adjudication of his or her appeal against the verdict and no convicted person will ever be able to hold any job related to the government, according to the amendments to the rules.

The amendments also dictate that if a person is identified by the authorities as possessing or occupying properties which does not conform to his or her legal source of income, the government can order the person to submit a wealth statement to the authorities in person. If he or she does not do so or deliberately avoids contact with the authorities for more than 72 hours after notification, the government can confiscate his or her moveable and immovable properties by obtaining a magistrate's order.

The government can sell such confiscated properties through open auctions with court's approval and will submit the earned money to the public exchequer.

The caretaker government promulgated the rules of EPO on January 25. The amendments were brought to some of the clauses of EPO bringing a new dimension to it.

The amendments that came in the form of a gazette notification of the home ministry on Tuesday night also issued some specific instructions regarding trials of corruption cases which even the Supreme Court (SC) and High Court (HC) will have to follow.

According to the amended rules, the HC cannot stay a lower court verdict on corruption cases or release on bail such a convicted person until the adjudication of his or her appeal.

The amendments will only be applicable in cases filed under the rules of EPO.

The rules also lay out a host of stringent measures against persons accused of corruption and misuse of power.

Presently if someone is convicted of corruption at a lower court, he or she can participate in elections by filing an appeal with a higher court or even by obtaining a stay order on the lower court verdict.

"A person shall be disqualified for election as, or for being, a member of parliament who 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," says the constitution.

The amended rules dictate that a higher court must adjudicate any appeal against a lower court verdict on a corruption case within 90 days of filing.

Presently a special judge's court handles corruption cases. If anyone is convicted, he or she can file an appeal against the conviction with the HC and the appeal can move up to the SC. The process can continue for years. The amended rules now put a time limit for the HC and SC for adjudication of such cases.

The amended rules say till an appeal is adjudicated, all kinds of properties, cash and other assets under a convicted person's name or under someone else's name on behalf of the convicted, should remain frozen or confiscated.

The rules categorically point out that if a person is convicted in a case filed under the rules and if an appeal petition is filed against that conviction, that person will be considered as disqualified from participating in any election ranging from the national parliament election to local government polls.

When a person convicted of corruption will complete serving his or her term of punishment, he or she will be considered disqualified from holding any post in the government, semi-government organisations, statutory bodies, or in any organisation that has government affiliation.

If a person is accused of or arrested for getting financial benefits from a government, semi-government, or an autonomous organisation through misuse of power or corruption -- a magistrate can order to freeze or confiscate his or her properties, following a written appeal from the government, during the hearing or before the start of the hearing of the case.

If the authorities find reasons to believe that a suspect might liquidate or handover his or her properties or assets with an ill-motive before filing of charges or cases, the authorities will be able to confiscate or freeze the assets of the person with permission from a magistrate. Such properties and assets will remain frozen or confiscated until the case is adjudicated.

According to the amended rules, the government will appoint an administrator, with permission of a court, to keep functional the confiscated factories, industries, banks or any commercial organisation of a corruption suspect.

The order of freezing or confiscating the properties of any suspect will become automatically invalidated if no case is filed against the person within 90 days of freezing or confiscation.

The investigation officer will have to complete the probe into the allegations against the detained or arrested person within 30 days of being delegated. If the investigator fails to do so, he or she may extend the investigation 30 more days in two phases with permission.

If the investigation officer fails to complete the investigation within the extended period, departmental actions will be taken against the officer or the persons assisting the officer as per the service rules.

If a person ordered to submit any written statement or information under the rules, fails to do so or submits written or other form of information the authenticity of which could be questioned, he or she can be imprisoned for up to five years or for a minimum of three years, or can be fined, or both, the properties of such a person can also be confiscated by the government in addition to the above punishment.

Chief Adviser Fakhruddin Ahmed has assured Bangladesh's major development partners that his government is working to create a congenial atmosphere for holding free, fair and credible elections, as part of which the Election Commission has already been reconstituted.

He gave an overview of the caretaker government's basic goals when an eight-member team of the Joint Strategy Partners' Delegation (JSPD), comprising the World Bank, the Asian Development Bank, DFID and Japan, made a courtesy call on him at his office on January 8.

The head of the caretaker government told the delegation that the present government is making relentless effort to bring back normalcy in the day-to-day economic activities.

He sought support from the development partners for economic development.

The chief adviser told the delegation that steps has already been taken to corporatise the three nationalised commercial banks (NCBs).

He said a "historic decision" has been taken by the council of advisers in approving the Criminal Procedure Code (CrPc) to separate the judiciary from the executive.

Fakhruddin said the government will undertake quick decisions in power sector as well as on Chittagong seaport-two of the major sectors where the foreign donors have long been pressing for development measures under the reform recipe.

He also said the present government has already taken steps in accelerating economic activities without wasting time to make up for the losses already incurred.

"We are aware of the expectation of the people--We need to operationalise governance. We work as a team (indicating the council of advisers)," the CA told them.

Appreciating the pragmatic steps taken by the caretaker government, ADB Director General for South Asia Kunio Senga said his bank will continue support to the chief adviser's endeavor.

"Your initiative is encouraging," said the Japanese envoy in appreciation of the initiatives taken by the caretaker government led by Fakhruddin.

DFID Director, South Asia, Charlotte Smith said they feel Bangladesh is one of the key developing countries and achieving the Millennium Development Goals is very important for Bangladesh.

"The issues you have highlighted are encouraging. The way you have handled corruption is also appreciable," the British development aid agency executive told the chief adviser.

The World Bank country director assured the chief adviser that the funding agency would give "maximum support" to the caretaker government.

He told the CA that the caretaker government has a good agenda--and "you are action-oriented."

The WB official suggested a communication strategy for the stakeholders and the people.

Nobel laureate Professor Muhammad Yunus said if circumstances force him he will join politics and government but made it clear that he would not like to be the president of as it is a "decorative" post.

Addressing a media conference wrapping up his four-day visit to , he said there were two different schools of opinions in about his joining politics. "While one school wanted me not to join politics so that I don't get into its vortex, the other school wanted me to join so that they can have someone to look up to."

"I am not a person who is comfortable in politics. But if circumstances force, I will join it," Yunus, the founder chief of Grameen Bank, said when asked why he is not joining politics and become prime minister or finance minister and undertake an economic turnaround of his country.

There had been a lot of talk about his joining politics or government, he said, adding, "But I kept away from it because if you get into it you get sucked into it. You can't do the thing you want to do."

To a question if he wants to be the president of Bangladesh, Yunus said, "To become the president is not exciting news for me because it (the post) has no power. It's a decorative post. I am not psychologically tuned to some decorative post."

Asked to comment on the political situation in , he said the country "has gone through a rough period and we were almost heading towards a political disaster. But that has been stopped by the emergency and the caretaker government has been accepted by the people and parties."

He said the people of hope to see a "clean and transparent" general election but while the poll could be clean "the challenge is how to ensure clean people come to a new government."

Asked about the demand of 's political parties for early elections and end to the emergency, Yunus said, "Clean people must take part in the elections even if it takes time to ensure that. Otherwise, the same problem will crop up again. Now we have a chance of a lifetime to cleanse our politics."

Asked when will shed the tag of Least Developed Country, he said, "Our politicians do not want to get out of LDC tag because there are certain facilities available with it. But the country should come out of LDC status and it is going to happen soon with economic growth rate of six per cent over the years."

Replying to a question, he said one of the major reasons for 's inability to become a manufacturing hub is acute shortage of electricity. "The moment this problem is solved, industrialisation will take place."

The leading economist said he had repeatedly told the governments in his country that it should import power from and to tide over the scarcity.

Yunus reiterated his idea of social business saying that it would change the world economic picture. "Business should be defined in a people-friendly manner and that can be done if we do social business not with eyes on maximising profit."

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All citizens of Bangladesh of and above the age of 18, who have registered themselves as voters, form the electorate. Each constituency elects one Member of Parliament on the basis of direct election. All citizens of Bangladesh having attained the age of 25 qualify to be elected to Parliament. Those disqualified include the insane, un-discharged bankrupts, persons who on conviction for a criminal offence involving moral turpitude have been sentenced to imprisonment for not less than two years unless five years have elapsed since their release, persons owing allegiance to a foreign state, and persons holding an office of profit in the service of the Republic.

The Election Commission allocates election symbols to the political parties. The election symbols of political parties having members in the Eighth Parliament are Bangladesh Nationalist Party uses the symbol of ‘Sheaf of Paddy', Bangladesh Awami League the symbol of ‘Boat’, Jamaat-e-Islami Bangladesh the symbol of a pair of Scales, the Jatiyo Party (Ershad) the symbol of ‘Plough’, Jatiyo Party (Monju) the symbol of ‘Bicycle’ and Krishak Sramik Janata League the symbol of Gamchha (towel).  An independent candidate also gets a symbol allocated in his favour by the Election Commission.

A general election for a new Parliament takes place on the same day in all constituencies. Depending on the size of a constituency, and its total number of voters, a number of polling centres are set up with arrangements for voters to exercise their franchise freely, peacefully and in secrecy. Polling officials in each centre in the presence of candidates or their nominees count votes. The result is sent to the Returning Officer in sealed covers together with ballot papers. The Returning Officer, generally the Deputy Commissioner of the district, communicates the result of each constituency to the Election Commission after he has compiled the results in the presence of the candidates or their authorised representatives. Unofficial results start being announced in the state radio and television from the evening of the Election Day. The Election Commission declares the result of the general election formally a few days later through the publication of the names of winning candidates in the official Bangladesh Gazette. Members-elect are administered oath of office by the outgoing Speaker. 

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