The interim government has taken a dramatic U-turn from its campaign for a “Yes” vote in the upcoming referendum, after the Election Commission (EC) issued a formal notification declaring such activities by republic employees to be a punishable offence.
This sudden policy reversal comes nearly one month after the government launched a high-profile campaign with much fanfare, explicitly directing public servants to drum up support for a “Yes” vote.
The EC’s intervention was formalised in a notification on Thursday, which drew immediate attention to the specific legal constraints governing the referendum.
The commission cited Section 21 of the Referendum Ordinance, 2025, and Article 86 of the Representation of the People Order (RPO), 1972, as the primary legal frameworks being violated.
According to the EC directive, while people employed in service of the republic are permitted to perform duties that inform and raise public awareness about the referendum, they are strictly prohibited from soliciting votes for either “Yes” or “No.”
The commission clarified that such advocacy is deemed a criminal offence because it has the potential to influence the referendum results, which is explicitly forbidden under the existing laws.
Advisers scramble for legal definition
In the wake of this notification, several advisers have indicated that they are currently reviewing the legal implications of the EC’s stance.
Energy Adviser Muhammad Fouzul Kabir Khan told TIMES of Bangladesh on Friday that the government is in the process of analysing the relevant laws to determine a path forward.
Khan proposed a legal distinction, arguing that while republic employees are barred from campaigning, “advisers are not government employees” and should, therefore, remain eligible to continue their advocacy for a ‘Yes’ vote.
Information Adviser Syeda Rizwana Hasan, who has spent the last month actively campaigning and instructing public servants to do the same, expressed a shift in the government’s approach.
Speaking to TIMES on Friday, she stated that the government would now comply with the commission’s authority.
“We must follow what the EC says. They have stated that one cannot campaign for a ‘Yes’ vote, but there is no bar on promoting the referendum itself. For now, that is how we will proceed,” she explained.
‘Commission had been unaware’
Election Commissioner AR Masud claimed that the commission had been unaware of the government’s referendum campaigning for several weeks. He asserted that the EC only began to take notice after receiving multiple reports a few days ago.
“For several days, we were receiving news through different channels that government officials were campaigning for a ‘Yes’ vote. We felt it was necessary to clarify our position,” Masud said.
A significant point of contention remains the role of field-level administration. Currently, Upazila Nirbahi Officers (UNOs) and District Commissioners (DCs) are serving as assistant returning officers and returning officers tasked with monitoring the electoral code of conduct.
Despite their roles, Commissioner Masud noted that no complaints or reports regarding these violations had been forwarded by them, effectively keeping the Election Commission “in the dark” regarding the government’s activities.
Former Additional Secretary of EC Jasmine Tuli described this delay in enforcement as “alarming,” pointing out that the law regarding what constitutes an offence is explicit. She warned that this situation reveals a significant “gap” between the EC and the field administration.
Tuli cautioned that if the commission lacks control over the field-level officers, the entire management of the election process could spiral “out of control.”
Tk140 crore already allocated
The government’s campaign efforts have also drawn sharp criticism due to the use of public funds.
Reports indicate that Tk140 crore has already been allocated from the state treasury for “Yes vote” campaign materials, with the Ministry of Cultural Affairs receiving “major portion” of these funds.
This expenditure of taxpayers’ money to support a certain outcome has sparked widespread allegations, though the Election Commissioner has declined to comment on the use of “government treasury money” for the campaign.
This legal crisis stands in direct opposition to the previous public stances of Ali Riaz, the chief coordinator of referendum campaign and special assistant to the chief adviser.
On 24 January in Sylhet, Riaz told a gathering of district and upazila-level officials that there was “no legal barrier” to them advocating for “positive change.”
At the time, he asserted that neither the Constitution, the RPO, the July National Charter Implementation Order 2025, nor the Referendum Ordinance contained any reference prohibiting republic employees from such advocacy.
However, following the EC’s notification on Thursday night, Riaz’s tone became more guarded.
When approached by TIMES of Bangladesh for comment, he stated, “I have only just seen it. I will not make any remarks at this moment. I will be able to make a statement after consulting with a legal panel.”
