Section 91ASection 91A

s. 91A

91A (1) [* * *] The Commission shall establish a Committee to ensure the prevention and control of pre-poll irregularities, to be known as the Electoral Enquiry [and Adjudication] Committee, hereinafter refereed to as “the Committee.” (2) [* * *] The Committee shall consist of such number of persons as may be determined by the Commission from amongst the Judicial Officers. (3) [* * *] The Committee shall, on the basis of information received by it, or complaints made to it, or on its own initiative, inquire into any matter or situation which in its view may constitute an offence under this order, or [any pre-poll irregularity including any situation or matter which, in its opinion, may involve], by any person whosoever, as act or omission constituting intimidation, obstruction, coercion, or the publication of false information, or any other act or omission intended to or actually resulting in the obstruction or frustration of the preparation for, or the conduct of, free and fair election in accordance with this Order and the rules. (4) [* * *] In performing its function under this order, and subject to the direction of the Commission, the Committee may conduct any inquiry as it deems necessary before the election is over. (5) [* * *] The Committee, in conducting such inquiry, shall have the right to: (a) require, in writing, any person to appear before it and give evidence under oath or affirmation to it; and (b) require, in writing, any person to produce any documents or objects under his control to it. [(6) After conducting an inquiry, the Committee shall inform the Commission within three days of the inquiry and may make a recommendation which may include- (a) proposals for any order, directive or instruction to be made by the Commission to any person responsible for any act to stop such act forthwith; or (b) in the case of any omission, to perform any specific act, including, if necessary, the appropriate correction of any false information.] [(6a) After receiving the recommendation under clause (6), the Commission may issue necessary order or instruction to the concerned person, or registered political party to implement the recommendation. (6b) Where, any order or instruction is issued under clause (6a), the concerned person or registered political party shall carry out the same instantly. (6c) In the event of non-compliance of an order or instruction made under clause (6a), the Commission may impose a fine not exceeding taka one lakh but not less than taka twenty thousand upon the concerned person or registered political party, and by a notification published in the official Gazette, cancel the candidature of the candidate.] [(7) The Commission shall, for the purpose of clause (1), specify the acts and omissions which shall be deemed to be per-poll irregularities and shall publish them in the official Gazette or in such other manner as it deems fit. (8) Any proceeding before the Committee shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Penal Code (Act XLV of 1860). (9) The Committee shall have the powers of a civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of enforcing the attendance of any person and examining him on oath or affirmation and compelling the production of documents and material objects.]

1. 265. The marginal note “Constitution of Committee:” were omitted by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
2. 266. The marginal note “Functions of the Committee:” were omitted by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
3. 267. The words and commas “any pre-poll irregularity including any situation or matter which, in its opinion, may involve” were substituted for the words “which may involve” by section 6 of the Representation of the People (Amendment) Act, 1996 (Act No. XIII of 1996)
4. 268. The marginal note “Inquiry by Committee:” were omitted by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
5. 269. The marginal note “Powers of Committee:” were omitted by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
6. 270. Clause (6) was substituted by section 27 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).
7. 271. The words “twenty thousand taka” were substituted for the word and figure “Tk. 5000” by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
8. 272. Clauses (6a), (6b) and (6c) were inserted by section 27 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).