The Election Commission and National Citizen Party remain locked in a heated debate over the party's choice of electoral symbol, the water lily -- a dispute that began in June.
Despite several exchanges of letters and multiple meetings between NCP and the chief election commissioner, other commissioners, and senior EC officials, the issue remains unresolved.
NCP has stood firm in its demand for the water lily, accusing the EC of "unfairly denying" it the symbol. Party Convener Nahid Islam yesterday said, "If our symbol [water lily] is not allocated, it will not be possible for us to take part in the election."
He also said a commission that does not ensure fairness regarding registration and symbol allocation cannot be expected to deliver a fair outcome in the election.
The EC, however, has refused to allocate water lily, citing the flower's status as a key element of the national emblem and the legal constraints surrounding its use.
Speaking to The Daily Star, Election Commissioner Tahmida Ahmad said, "The water lily is a prominent part of the national emblem of Bangladesh. There are rules that clearly state the national emblem cannot be demoted. Doing so would constitute a punishable offence."
The water lily, the national flower of Bangladesh, appears on the country's currency, national ID cards, passports, various insignia of different forces and in government buildings.
"If it's already present everywhere, how can it be used as an electoral symbol? Most importantly, it's not even in our approved list of symbols. How can we allocate something that isn't on the list? Few parties requested the same symbol previously, and we did not grant it for the same reason. How can we give it to NCP now?" she said.
Earlier, Nagarik Oikya and Bangladesh Congress had sought the water lily as their electoral symbol.
The national emblem features the national flower resting on water, with an ear of paddy on each side and three connected jute leaves above the centre petal. There are two stars on each side of the jute leaves.
Rule-4 of the Bangladesh National Emblem Rules-1972 states that the national emblem, being an extremely dignified symbol, may only be used in specific places.
It must be displayed in the National Assembly behind the president and Speaker's seats, positioned for clear visibility. It will be exhibited in the president's office at Bangabhaban, other official workplaces, and conference rooms, and the same applies to the prime minister's offices.
It may be displayed during functions or meetings presided over by the president, on vehicles used by the president and prime minister, behind the chief justice's seat in the Supreme Court, and at embassies and high commissions during national day ceremonies. It may also appear on the president and prime minister's official letterheads.
Rule 5 states that no one else may use the national emblem without written government permission, nor may it appear in trademarks, designs, patents, or for trade or professional purposes.
NCP AND EC'S BACK-AND-FORTH
On June 22, NCP submitted its registration application to the EC, proposing three symbols: water lily, pen, and mobile phone. In follow-up letters dated August 3 and September 24, the party revised its preference to a white or red water lily.
The EC wrote back on September 30 asking the party to choose from the list of allocable symbols and submit its choice by October 7.
However, in another letter, it asked the party to select a symbol by October 19. That day, NCP sought a written explanation from the EC regarding the criteria for including or excluding symbols.
Earlier on July 9, the EC decided not to include the water lily as an electoral symbol under the Election Conduct Rules. Election Commissioner Abdur Rahmanel Masud had said, "We've already decided in principle that the water lily will not be included in the symbol list, primarily because it is part of the national emblem."
The commission on September 23 increased the number of allocable symbols from 69 to 115, excluding the water lily. Of the 115, 51 were allocated to registered parties, while the rest were reserved for independents and future use.
The next day, the NCP wrote to the EC again, arguing that the commission's reasoning was not "legally correct" and its refusal had no legal basis. The letter said party leaders told the EC that the national emblem's water lily is floating on water and is yellow and reddish in colour.
It added that the water lily is one of four distinct elements of the national emblem. The EC has already allocated a sheaf of paddy to BNP and the star to Jatiya Samajtantrik Dal (JSD-Rob). "Given this precedent, the EC can also list and allocate the water lily," it said.
The EC has also assigned the national fruit, jackfruit, to a faction of Bangladesh Jatiya Party, and the golden fibre (jute) to Trinamool BNP.
"Therefore, although the water lily is the national flower, there is no legal barrier to its inclusion in the list of allocable symbols," the NCP added.
However, BNP was granted a sheaf of paddy as its electoral symbol, while the national emblem carries two single ears of paddy on each side of the flower. "The two are not visually identical," said a top election commissioner, preferring anonymity.
After NCP's September 24 letter, CEC AMM Nasiruddin questioned why the NCP's request had sparked so much debate, when the same appeal by Nagarik Oikya was earlier rejected without so much controversy.
Asked about NCP's push to secure the water lily through amendments to electoral rules, he said the matter would be decided collectively within the commission.
Meanwhile, NCP Chief Coordinator Nasiruddin Patwary on October 9 said his party would not accept registration without its desired symbol. "The EC now faces two options: either cancel symbols like dhan [paddy], tara [star], and sonali aash [golden fibre] or allocate shapla [water lily]. We do not want symbols of any fraternal political parties to be cancelled."
About parties such as BNP using symbols linked to the national emblem, an election commissioner said, "Before 2001, the EC would sit with political parties on the day of symbol allocation ahead of national elections and assign symbols. It was a norm that parties were given the same symbols they had contested with earlier."
Ahead of the 2008 election, the EC introduced party registration and, in accordance with the Electoral Conduct Rules-2008, allocated a specific symbol to each registered party while reserving others for independents.
"The BNP first used its symbol [sheaf of paddy] in the 1979 election, and it was formally designated as the party's symbol ahead of the 2008 polls as well. Why revisit a matter that has long been settled?" the commissioner said, requesting anonymity.
Explaining why other elements of the national emblem were allocated to parties, EC Tahmida said, "The issue of the water lily only recently came up, and the commission now needs to make a decision. The water lily is the main element of the emblem. The other elements are decorative additions, but the foundation of it is the water lily."
Speaking to this newspaper, NCP Senior Joint Member Secretary Nahida Sarwar Niva said the party wants the water lily because it's a symbol widely accepted by people. "During our mass marches in July, we saw public enthusiasm for the water lily. That is why we believe using it is an effective way to connect with the people."