Bangladesh Labour Party is the latest political party gained registration on 25 September after a court order. The little-known party of Mustafizur Rahman Iran is now on the official list of registered parties of the Election Commission’s (EC).
Commission officials indicated that Bangladesh Nezame Islam Party is likely to be registered soon in a similar way. In more than a decade, 13 of the 17 political parties registered by EC have done so through court orders.
In EC’s field investigations none of these 13 parties had met the criteria set out in the Political Party Registration Act 2008. However, by exploiting legal loopholes, they secured registration through High Court orders, said EC officials.
To curb this trend, EC plans to make court-order registration difficult. Issuing formal letters stating the reasons for rejecting applications, a practice not previously followed, is in consideration, which commission believes check the trend.
Experts commended for updating the registration law, recommending that all registered parties be reviewed every five years to identify and cancel registration of the inactive or defunct ones. They said parties are exploiting the law to get registration through court orders.
Bangladesh introduced mandatory political party registration in 2008. Out of 117 applications, ATM Shamsul Huda-led commission approved 39 parties that year. His successor Kazi Rakibuddin commission gave registration to two, out of 43 applicants while Nurul Huda commission rejected all the 76 applications.
A total of 93 political parties applied for registration during the tenure of chief election commissioner Kazi Habibul Awal. Only two got registration.
Rejected by ATM Shamsul Huda commission, Bangladesh Muslim League (BML) went to the High Court in 2013, becoming the first to get registration through court order. Since 13 rejected parties obtained registration through court orders far more than those approved by the EC itself.
According to EC data, the parties that gained registration through court rulings include, Nationalist Democratic Movement (NDM), Bangladesh Congress, Insaniyat Biplob Bangladesh, Trinamool BNP, Bangladesh Minority Janata Party, Amar Bangladesh Party (AB Party), Gono Odhikar Parishad, Nagorik Oikya, Gonosonghoti Andolon, Bangladesh Development Party, Bangladesh Jasod, and Bangladesh Labour Party. In addition, Bangladesh Nezame Islam Party is expected to obtain registration soon as it recently got court verdict in favour of its writ.
More parties awaiting court rulings
A total of 143 parties applied for registration with majority of them being rejected in the current EC’s primary screening.
Some 22 parties elected in the screening. Of them, National Congress Party (NCP) and Bangladesh Jatiya League have met the required conditions and the commission is likely to register them as party, EC sources said.
Applications from seven parties have been rejected while the EC is reviewing applications from 12 others. Most of the rejected parties are preparing to go to court.
General secretary of Forward Party, one of the seven rejected parties, told the TIMES of Bangladesh, “We will file a writ petition once we receive EC’s rejection letter. They claimed we have no district office, but we have photographic proof.”
Bangladesh Bekar Samaj president Md Hasan said they have already filed a writ petition, alleging that EC officials failed to carry out proper verification.
Similarly, Bangladesh Solution Party president Shamsul Haque said EC had even spelt the party’s name incorrectly. “We will move to court as soon as we receive the letter,” he said.
Why EC initially rejected these parties
Officials at EC’s registration section said there are a few parties that genuinely meet the legal criteria for registration. Even among recent applicants, none were fully qualified.
For instance, Minority Janata Party listed a temple as its headquarters and had little or no presence in most districts. Amar Bangladesh Party’s district-level data were inconsistent; it blamed government hostility at the time for obstructing its activities.
Gono Odhikar Parishad met about 80 percent of the requirements but was divided by internal conflict while Gono Sanghoti Andolon was rejected for flaws in its constitution, which it later amended to secure registration through court.
Nationalist Democratic Movement (NDM) was denied registration for failing to meet the eligibility criteria, while Trinamool BNP applied on plain paper instead of the prescribed form, leading the EC to ignore its application. Both later obtained registration through court rulings.
Nagorik Oikya also failed to meet all the conditions but was granted registration after the court ruling, said the officials.
The most recent case, Bangladesh Labour Party, failed to meet EC requirements in two separate verification rounds — its claimed offices existed in only a few districts yet it was registered following a court order.
Officials admitted that EC did not appeal against the court verdicts going in favour of the parties. “We’ve appealed in similar cases before, but it never helps — only wastes money,” said a senior EC official, wishing anonymity.
EC’s new plan
To prevent the parties with little public support from gaining registration through court orders, the commission plans to issue detailed written explanations when denying applications of a certain party.
Commissioner Abul Fazal Md Sanaullah said the absence of such documentation had previously allowed parties to secure court orders easily. “From now on, we will provide written reasons for rejection. This will increase transparency and make it harder for parties to use litigation to gain registration,” he said.
Another Commissioner Abdur Rahmanel Mashud added that courts often grant registration if any leader of a party has previously won five per cent of the vote, even when the party itself lacks an organisational base. He said that issuing clear written justifications could reduce this trend.
Calls for legal reform and periodic review
Analyst Abdul Alim argued many influence-seeking parties exploit politics for personal or business gain. “This is why the registration law be comprehensively reviewed, possibly through a high-level committee combining EC officials and independent experts, and drawing on international experience.”
He recommended a five-year performance review for all registered parties to verify whether they still meet the conditions under which they were approved. “If a party shows no public activity or electoral support, its registration should be reconsidered,” he said, noting that the political realities of today are very different from those of 2008.
Legal requirements for party registration
According to the Representation of the People Order (RPO), a political party must meet at least one of the following criteria to qualify for registration:
- Win at least one parliamentary seat under its own symbol in any national election after independence.
- Secure at least five per cent of the total votes cast in constituencies where it fielded candidates.
- Maintain an active central office, district offices in at least one-third of the country’s districts, and offices in at least 100 upazilas or metropolitan thanas — each with at least 200 registered voter members.
EC officials said most court-registered parties rely on the first two criteria, allowing single-leader or micro parties to proliferate. They stressed that the law must be amended to prevent further misuse of the system.
