ECP empower to disqualify even ministers
THE Election Commission of Pakistan proceeded against Prime Minister for violating if not response received on violation of code of conduct under Section 233 of Election Act 2017 and served a second notice on him to explain his position on the allegation of violating the code of conduct for the second phase of local body elections in 18 districts of Khyber PakhtunkhwaThe first notice was issued to the Prime Minister on 20 March when he allegedly violated the code of conduct by addressing a rally in Malakand District, where the Local Bodies elections are scheduled to be held on 31 March.
In the second notice issued on 22 March, the Prime Minister has once again been urged to appear before the Election Commission Peshawar on 24 March.
In case of a failure for the second time it will be presumed that Prime Minister has nothing in defence and his case would be decided ex-parte under relevant laws, rules and available record.
The Election Commission of Swat has also imposed a fine of Rs 50 thousand each on PM Imran Khan, Foreign Minister Shah Mahmoud Qureshi, Murad Saeed, Federal Ministers, Chief Minister of KP Mahmoud Khan and some Provincial Ministers of KP on 21 March for violating code of conduct by holding public meeting in Swat on 16 March.
The government remains adamant in defying the Election Commission of Pakistan at every step.
The row over the mode of voting in the last year Senate elections set the government on a collision course with the Election Commission, and since then, the government relationship remains scared by repeated disagreements.
The government was insistent on the use of electronic voting machines as well as enfranchising Overseas Pakistanis for the next general election, even when the Election Commission had stated in clear and unambiguous terms that these reforms could not be undertaken without due diligence and within the short time period available.
The government rejected these objections and went ahead with issuing an Ordinance.A similar controversy is playing out on the campaign for local bodies elections.
The Election Commission of Pakistan rules make it clear that the Prime Minister and Cabinet members are not allowed to campaign because this would give them undue advantage over in the opposition as the government functionaries can use state resources in such campaigns.
The government objected to these rules and then proceeded to issue an Ordinance allowing these government officials to take part in the campaign.
The matter is now in the Court but the Prime Minister and his Ministers are openly defying the Election Commission by holding campaign rallies in these areas.This amounts to deliberately undermining the authority of Election Commission of Pakistan.
The Election Commission has done the right thing by issuing notices to the Prime Minister and his Cabinet Ministers and slapping penalties on them, but sadly, it appears that the government could not care less.
Such brazen disregard of the Election Commission rules and deliberate defiance of the fact that the matter awaits a Court decision, means that the government has decided to barrel ahead regardless of the consequences.
For a government and its prime minister to adopt such a reckless attitude towards other institutions of the State and to defy the Election Commission of Pakistan orders without a care for the damage incurred, is worrying.
Governments are expected to uphold the sanctity of State institutions and set an example by following law in both letter and in spirit.
The last thing a government should be doing to bully its way through a disagreement.Unfortunately, this is exactly the approach that the Prime Minister has adopted.
It may give the government misplaced satisfaction that comes with self assertion, but it weakens the rule of law and the constitutional structure that binds the State hard to protect its turf, but it should not have to undergo this test. The government should know better, it appears that it does not.
The only way out is for the courts to issue clear and unambiguous order which stops the government from damaging the rule of law and further undermining the writ of the Election Commission of Pakistan.
Due to present circumstances, the country cannot afford this institutional conflict, the government should realise that Election Commission of Pakistan is empowered to disqualify the government’s ministers under Section 234 of Election Act 2017.
—The writer is former Secretary Election Commission of Pakistan and currently Chairman National Democratic Foundation.
