Income tax return filing is a must for those who intend to stand as the candidates in the national elections, and the proof of return filing must be submitted to the Election Commission.
Such a provision has been incorporated in the Representation of the People Order (Amendment) Act, 2023 published in the form of gazette on Monday.
The bill, passed in the parliament on July 4, states that each nomination paper shall be submitted along with an affidavit signed by the candidate which shall include a certified copy of return submitted under Section 166 of Income Tax Act-2023 and a proof of submission of return as required by Section 264 of this Act. It has been incorporated in the amendment.
Besides, as per the Representation of the People Order, the following information and particulars shall be included: an attested copy of the certificate of his highest educational qualification whether he is now accused of any criminal offence or not.
Whether he has any past criminal records, and if any, the judgement of the case should be filed along with the description of his profession or business, probable sources of his income, a statement of property or debt of his own or his dependents.
What promises he made before an election in which he was elected as a member in the past, and how many of those promises were fulfilled shall also be submitted.
The amount of loan received by him alone or jointly or by his dependents from any bank or financial institution, and the amount of loan received by him from any bank or financial institution as a chairman, managing director or director thereof shall be included.
As per the amendment, the Election Commission’s (EC) power to stop voting, in case of allegations of irregularities or applying force during the national election, is being curtailed.
According to the RPO, if the EC feels that it will not be able to hold a lawful election due to irregularities and various malpractices, it can stop voting at any stage of the polls.
Experts and civil society members expressed concerns over giving back the Election Commission its power to halt the elections or cancel the polls' results as this power will be limited and EC will have the power to cancel voting of the parliamentary constituency only, according to the amendment.
Chief Election Commissioner Kazi Habibul Awal at a briefing held at EC's Agargaon Nirbachon Bhaban on Monday claimed that the powers of the Election Commission have not been curtailed, rather increased through the amendment.
