Elections

PART VII ELECTIONS

Article 118: Establishment of Election Commission
1. There shall an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any as the President may from time to time direct, and the appointment of the Chief Election Commissioner and other Election commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.

2. When the Election Commission consists of more than one person, the Chief Election Commissioner shall act as the chairman thereof.

3. Subject to the provisions of this Constitution the term of office of an Election Commissioner shall be five years from the date on which he enters upon his office, and-
  1. a person who has held office as Chief Election Commissioner shall not be eligible for appointment in the service of the Republic;
  2. any other election Commissioner shall, on ceasing to hold office as such, be eligible for appointment as Chief Election Commissioner but shall not be otherwise eligible for appointment in the service of the Republic.
4. The Election Commission shall be independent in the exercise of its functions and subject only to this Constitution and any other law.

5. Subject to the provisions of any law made by Parliament, the conditions of service of Election Commissioners shall be such as the President may, by order, determine:
Provided that an Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of the Supreme Court.

6. An Election Commissioner may resign his office by writing under his hand address to the President.

Article 119: Functions of Election Commission
1. The superintendence, direction and control of the preparation of the election rolls for elections to the office or President and to Parliament and the conduct of such elections shall vest in the Election Commission which shall, in accordance with his Constitution and any other law-
  1. hold elections to the office of President;
  2. hold elections of members of Parliament;
  3. delimit the constituencies for the purpose of elections to Parliament; and
  4. prepare electoral roles for the purpose of elections to the office of President and to Parliament.
2. The Election Commission shall perform such functions, in addition to those specified in the foregoing clauses, as may be prescribed by this Constitution or by any other law.

Article 120: Staff of Election Commission
The President shall, when so requested by the Election Commission, make available to it such staff as may be necessary for the discharge of its functions under this Part.

Article 121: Single electoral roll for each constituency
There shall be one electoral roll for each constituency for the purposes of elections to Parliament, and no special electoral roll shall be prepared so as to classify electors according to religion, race caste or sex.

Article 122: Qualifications for registration as voter
1. The elections to Parliament shall be on the basis of adult franchise.

2. A person shall be entitled to be enrolled on the electoral roll for a constituency delimited the purpose of election to Parliament, if he-
  1. is a citizen of Bangladesh;
  2. is not less than eighteen years of age;
  3. does not stand declared by a competent court to be of unsound mind; and
  4. is or is deemed by law to be a resident of that constituency

Article 123: Time for holding elections
1. In the case of a vacancy in the office of President occurring by reason of the expiration of his term of office an election to fill the vacancy shall be held within the period of ninety to sixty days prior to the date of expiration of the term:
Provided that if the term expires before the dissolution of the Parliament by members of which he was elected the election to fill the vacancy shall not be held until after the next general election of members of Parliament, but shall be held within thirty days after the first sitting of Parliament following such general election.

2. In the case of a vacancy in the office of President occurring by reason of the death, resignation or removal of the President, an election to fill the vacancy shall be held within the period of ninety days after the occurrence of the vacancy.

3. A general election of members of Parliament shall be held within ninety days after Parliament is dissolved, whether by reason of the expiration of its term or otherwise than by reason of such expiration.

4. An election to fill the seat of a member of Parliament which falls vacant otherwise than by reason of the dissolution of Parliament shall be held within ninety days of the occurrence of the vacancy.
Provided that in a case where, in the opinion of the Chief Election Commissioner, it is not possible, for reasons of an act of God, to hold such election within the period specified in this clause, such election shall be held within ninety days following next after the last day of such period.

Article 124: Parliament may make provision as to elections
Subject to the provisions of this Constitution, Parliament may by law make provision with respect to all matters relating to or in connection with election to Parliament, including the delimitation of constituencies, the preparation of electoral rolls, the holding of elections, and all other matters necessary for securing the due Constitution of Parliament.]

Article 125: Validity of election law and elections
Notwithstanding anything in this Constitution-
  1. the validity of any law relating to the delimitation of constituencies, or the allotment of seats to such constituencies, made or purporting to be made under article 124, shall not be called in question in any court;
  2. no election to the offices of President or to Parliament shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by Parliament.
Article 126: Executive authorities to assist Election Commission
It shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions.