No government officials or employees will be allowed to take sides in the referendum being held alongside the National Parliamentary Election scheduled for 12 February. Any campaigning in favour of either “Yes” or “No” will constitute a punishable offence.
On Tuesday, two Election Commissioners said that, under the relevant provisions of the Representation of the People Order (RPO) 1972 and the Referendum Ordinance, not only those directly involved in the voting process but also any government officials or employees who attempt to influence the referendum will be liable to punishment.
Election Commissioner Abdur Rahmanel Masud said on Tuesday evening: “In accordance with the law, I state emphatically that there is no problem in informing people about what proposals are included in the referendum. The Election Commission itself is doing this. We are publicising how and what type of ballot voters will use. This is being done to build awareness about the referendum. However, returning officers, assistant returning officers, presiding officers and polling officers — as well as any government officials or employees — are absolutely prohibited from saying that they support a ‘Yes’ vote or oppose it with a ‘No’ vote. This is completely forbidden.”
He added: “You may ask why advisers are campaigning in favour of a ‘Yes’ vote. I would say that advisers are not government employees; they are public servants. They are not government servants or employees of the Republic. Therefore, advisers may speak in favour of ‘Yes’ in the referendum. They themselves have spent a significant amount of their own money for the nation to take this initiative. That is why advisers campaigning for a ‘Yes’ vote is a reality. But government officials and employees cannot do so. It is not just a matter of being disallowed — expressing support for or opposition to ‘Yes’ or ‘No’ in a referendum is a punishable offence for them.”
When asked whether the Election Commission had issued any formal directive on the matter, Abdur Rahmanel Masud said: “We have just discussed this within the Commission. We may issue a circular. However, we are already informing the relevant parties in various ways. A few days ago, I visited Chattogram and informed the district administrator there about the legal provisions. The purpose of sharing this with you (the media) is so that you also publicise these rules and restrictions. Even if we do not issue a circular, the law is already in force.”
He further said that Article 86 of the Representation of the People Order, 1972, and Section 21 of the Referendum Ordinance (Offences, Penalties and Trial Procedure) clearly state that if government officials or employees attempt to influence the outcome of an election, it is not only an offence but a punishable offence.
Article 86 of the RPO, 1972, states that if any person employed in the service of the Republic abuses their official position in any manner with the intention of influencing the outcome of an election, they shall be found guilty of a punishable offence and may be sentenced to imprisonment for not less than one year and not more than five years, along with a fine.
Section 21 of the Referendum Ordinance (Offences, Penalties and Trial Procedure) states that any acts which are considered offences or violations of the electoral code of conduct under the Representation of the People Order, 1972, and related rules during the Thirteenth National Parliamentary Election shall, insofar as applicable, also be deemed offences or violations of the code of conduct in the case of a referendum. In such cases, the relevant authorities may apply the RPO, 1972, and related rules to try the offences and take appropriate action against violations of the code of conduct.
Another Election Commissioner, Anwarul Islam Sarker, responding to questions from journalists at his office in the Election Building on Tuesday, said that officials assigned election duties may conduct awareness campaigns about the referendum, but they may not campaign in favour of or against “Yes” or “No”. Asked about the Commission’s position on the referendum, he said: “Our stance is that we are encouraging voters to cast their votes in the referendum. Those who are assigned election duties will not, legally, work in favour of any side. Returning officers, assistant returning officers and others involved in election duties may promote awareness about the referendum, but they cannot campaign for or against it. Once someone becomes a returning officer, they are no longer aligned with any side. To my knowledge, no returning officer or assistant returning officer is campaigning for either side of the referendum.”
When asked how lawful it was for the government and officials of various government institutions to campaign in favour of a ‘Yes’ vote, the Election Commissioner said: “I do not wish to comment on this. However, the Commission, as a constitutional body, is working completely independently.”
Meanwhile, contrary to the Election Commission’s position, various government institutions are continuing campaigns in favour of a ‘Yes’ vote through government officials and employees. Government buildings are displaying billboards, banners and festoons supporting ‘Yes’. The Advisory Council has also claimed that there is no legal barrier preventing government officials from campaigning in favour of ‘Yes’ in the referendum. According to them, nowhere in the existing Constitution, the RPO, the July National Charter Implementation Order 2025, or the referendum-related ordinance does it state that employees of the Republic cannot speak in favour of positive change. No one can show any legal reference indicating that campaigning is prohibited. Between 1972 and 2024, 48 referendums were held in different countries around the world, and in most cases governments campaigned in favour of a ‘Yes’ vote. Therefore, internationally this is an accepted practice, and morally it is their duty and responsibility. Those who claim there are restrictions are spreading confusion with ulterior motives. These remarks were made by Professor Ali Riaz, Special Assistant to the Chief Adviser and chief coordinator of the referendum campaign, at a divisional consultation meeting in Sylhet on 24 January.
Expert opinion: Constitutional expert and senior Supreme Court lawyer Dr Shahdeen Malik said on Tuesday that, under existing laws, even advisers of the interim government do not appear to be permitted to campaign in favour of ‘Yes’ in the referendum, as they are not outsiders to the Republic. The same restrictions that apply to government officials and employees should also apply to advisers at the level of ministers and deputy ministers. The campaigning in favour of ‘Yes’ by advisers, and the manner in which government institutions and officials are being used to promote a ‘Yes’ vote, conflict with the relevant laws.
Election expert and member of the Electoral System Reform Commission, Begum Jesmin Tuli, said: “I said earlier that if a referendum law was to be enacted, it should have clearly specified how campaigning for or against it could be conducted. Instead, it has been equated with parliamentary election laws. Under the existing legal framework, no government official or employee can campaign for either side of the referendum. The Election Commission should have informed everyone of this legal obligation in advance.”
Four issues in the referendum, one answer: ‘Yes’ or ‘No’:
The referendum will be held on four issues. Voters will express their opinion by answering a single question with either ‘Yes’ or ‘No’ on all four issues.
The issues are as follows:
(a) During elections, the caretaker government, Election Commission and other constitutional bodies will be formed in accordance with the process outlined in the July Charter.
(b) The next parliament will be bicameral. An upper house of 100 members will be formed in proportion to the votes received by parties in the National Parliamentary Election, and constitutional amendments will require the approval of a majority of members of the upper house.
(c) The political parties will be bound to implement, if elected in the next election, the 30 proposals agreed upon in the July National Charter, including increasing women’s representation in parliament, electing a deputy speaker and parliamentary committee chairs from the opposition, limiting the prime minister’s term, enhancing the powers of the president, expanding fundamental rights, ensuring judicial independence, and reforms in local government.
(d) Other reforms outlined in the July Charter will be implemented in line with the commitments of political parties.
On referendum day, voters will cast a secret ballot to answer a single question on these four issues with either ‘Yes’ or ‘No’.
Source: Kalerkantho
Bd-pratidin English/ ANI
