Sixty-six days after the issuance of the gazette of the 13th national parliamentary election, the Election Commission is yet to receive expenditure statements from every candidates.
Although the stipulated deadline expired a month ago, the EC has extended it by a month. Still, several candidates remain non-compliant, leaving the constitutional body waiting for full disclosure.
By law, candidates must file their expenditure statements with returning officers within 30 days of the results being published. On February 25, the EC issued a letter instructing candidates to submit their statements by March 15.
The gazette with elected lawmakers was published on February 13, the day after the national polls.
A total of 2,033 candidates contested in the election. Excluding three constituencies, Sherpur-3, and Chattogram-2, -4, the number of contenders stood at 2,011. Of them, 92 candidates have yet to submit their election expenditure statements, according to EC officials.
Of the 56 registered political parties, 50 fielded their nominees in the polls. As per the Representation of the People Order (RPO), parties are also required to submit their election expense statements to the EC within 90 days of the gazette notification.
WHAT LAW SAYS
According to article 44(c) of the RPO, every contesting candidate must file a return of election expenses with the returning officer within 30 days of the gazette notification. Returns must include daily payment receipts, details of the designated bank account, certified bank statements, records of personal spending, lists of disputed or unpaid claims, and a breakdown of funds with sources specified. Even candidates who incurred no expenses must submit a “zero” return along with an affidavit.
The RPO also caps election expenses at Tk 10 per vote or a maximum of Tk 25 lakh. Failure to submit returns can result in imprisonment of two to seven years, alongside disqualification for violating electoral rules.
On April 6, the EC held a meeting to make a decision. After the meeting, EC Secretary Akhtar Ahmed said they extended the deadline for another month.
“Several candidates applied for extensions due to illness and other reasons. We have granted them time.”
On possible action for those failing to submit the statements, the EC secretary said, “We should go by the book. We must act according to the law. The commission will sit and decide under which legal framework action will be taken.
Asked what the commission would do if a candidate fails to submit their statements on time, Election Commissioner Abdur Rahmanel Masud earlier told this newspaper, “The commission can file a case against the candidates, but the law does not empower us to directly impose punishment.”
He added that a provision could be included in the law for cancelling candidacy, adding, “I personally discourage filing cases. The law was designed to keep them [candidates] in order, and we will enforce it. But enforcing it through the court is very difficult.”