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UP polls: Candidate deposits up fivefold, spending cap doubled

Non-partisan symbols make a return

UP polls: Candidate deposits up fivefold, spending cap doubled
Representational image: Collected
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The Election Commission (EC) has increased the security deposit for chairman and member candidates in Union Parishad (UP) elections fivefold, while doubling the maximum limit for campaign expenditures.

Under the revised regulations, the security deposit for chairman candidates has been raised from Tk5,000 to Tk25,000, and for member candidates from Tk1,000 to Tk5,000.

Simultaneously, the maximum expenditure limit for chairman candidates has been increased from Tk5 lakh to Tk10 lakh, and for member candidates from Tk1 lakh to Tk2 lakh.

The EC issued a gazette notification on Wednesday amending the Local Government (Union Parishad) Election Rules, 2010 to bring these changes into effect.

Deposit requirements and affidavits

According to the rules, a candidate for the post of chairman must deposit Tk25,000, and a member candidate must deposit Tk5,000 in favour of the respective returning officer via a treasury chalan, pay order, or bank draft.

Even if a candidate submits multiple nomination papers, they will not be required to pay multiple security deposits.

Regarding deposit refunds, a candidate will be refunded their security deposit if they secure at least 15 per cent of the total votes cast in the election. If a candidate receives less than 15 per cent of the votes, their deposit will be forfeited and deposited into the government treasury.

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Moreover, eligible candidates must claim their refund within six months of the official gazette publication of the election results, failing which the amount will become non-refundable and be credited to the government treasury.

Previously, deposits were forfeited if a candidate received less than 12.5 per cent of the votes.

In previous UP elections, chairman candidates were not required to submit an election affidavit; however, this provision has now been made mandatory for chairman candidates in the amended rules, though it remains non-obligatory for member candidates.

Strict action for code violations

The revised regulations have also expanded the Commission’s authority regarding election code of conduct violations.

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If an allegation of code violation against a candidate or their election agent appears plausible based on records or written reports from any source, the Commission can order an immediate investigation.

If the investigation substantiates the allegation, the Commission can cancel the candidate’s candidature through a written order. This cancellation order must be communicated to the candidate, their election agent, and the returning officer, and published in the official gazette.

Additionally, if polling results at any voting center are severely compromised due to the use of force, intimidation, manipulation, or other misconduct, the Commission can suspend the results of that center.

Following an inquiry, the EC may cancel the election at that center and order a fresh vote if deemed necessary. Meanwhile, spending money on activities contrary to the rules remains strictly prohibited.

Chairman candidates are required to open a separate account at a scheduled bank to manage election expenses, with all campaign spending conducted through that account, and any payment of Tk20,000 or above must be made by cheque.

In the event of two or more candidates receiving an equal highest number of votes, a re-poll will now be conducted instead of drawing lots. Under the amended rules, the EC will direct the returning officer to hold a fresh election among the top candidates who tied with equal votes.

For voters who are visually or physically impaired, or require assistance for other reasons, the presiding officer may permit them to bring a helper aged at least 21 into the booth. If the voter cannot mark the ballot paper quietly or directly, the helper may mark it according to the voter’s instructions.

However, the helper cannot be a candidate, an election agent, a polling official, or a member of law enforcement, and must maintain secrecy regarding the voter’s choice. The presiding officer will maintain a list of all such voters.

Moreover, threatening, intimidating, assaulting, or forcibly obstructing election duty personnel, EC-approved media personnel, or observers, or damaging their equipment, is a punishable offence.

Obstructing voters from going to polling centers, or preventing candidates from submitting nomination papers or forcing their withdrawal, are also deemed offences. These offences carry a maximum penalty of two years’ imprisonment, a fine of up to Tk 10,000, or both.

Following the announcement of the UP election schedule, the Commission may form the necessary number of monitoring committees to oversee election offences and code violations.

The absence of a candidate, election agent, or polling agent at a designated time will not invalidate any legally completed proceedings; however, the returning or presiding officer must make every effort to ensure their presence and inform the Commission of the reasons for their absence in writing.

Non-partisan symbols restored

Meanwhile, after a decade, Union Parishad elections will be held using non-partisan symbols. Previously, symbols were allocated to registered political parties alongside independent candidate symbols for the chairman post.

Under the amended rules, 20 symbols have been reserved for the post of chairman: Computer, Banana Bunch (Kolar Chhori), Bell, Horse, Shrimp, Jug, Table, Table Clock, Telephone, Building, Double-decker Bus, Turban, Baby Taxi, Peacock, Mobile Phone, Motorcycle, Stool (Mora), Railway Engine, Sofa, and Duck.

For general member posts, 12 symbols have been designated: Camel, Cup and Saucer, Kite, Ship, Torch Light, Tubewell, Tractor, Lock, Football, Electric Fan, Electric Bulb, and Rooster.

For reserved female member posts, 10 symbols have been set aside: Almirah, Pitcher (Kolas), Dressing Table, Palanquin (Palki), Fruit Basket, Megaphone (Mike), Sewing Machine, Sunflower, Deer, and Helicopter.

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