ECP empowered to avoid PO about Elections Act
THE Election Commission of Pakistan (ECP) noted with concern that after the amendment to the Election Act, the government would be able to use its influence and state resources in elections, which would clearly mean denying a level playing field to all contestants.
Section 181 of the Elections Act 2017, no governmental functionary or elected representatives including local government functionaries or elected representatives, shall announce any development schemes for a constituency after the announcement of election schedule of that constituency.
Through the Ordinance, promulgated by the President, Section 181-A has been added to the Act.
The new law allows a Member of Parliament or an elected member of local government, including a member holding any other office under the Constitution or any other law, to visit or address public meetings in any area or constituency.
As per Election Act 2017, it’s obligation to the ECP’s mandate to frame a code of conduct The ECP is bound to prepare code of conduct for political parties, contesting candidates and others involved in the electoral exercise, under section 233 of the Elections Act 2017.
Section 233 of the Elections Act, states, the Commission shall, in consultation with political parties, frame a code of conduct for political parties, contesting candidates, election agents and political agents.
The Commission shall also frame a code of conduct for security personnel, media and an observer shall follow the code of conduct during an election.
The Commission shall publish a code of conduct framed under this section in the official gazette and on its website.
It emphasised that Parliament and the Provincial Assemblies barred under Article 222 of the Constitution from passing any law abridging any of the powers of the Chief Election Commissioner or the Commission itself.
The controversial change also drew criticism from major political parties.The ECP apprehension about the new Presidential Ordinance (PO) that amends the election law is understandable.
The controversial move paves the way for parliamentarians and the elected office holders to campaign during elections, making it very easy for the state machinery to be used to influence the outcome of the polls.
It is a prospect that, on the face of it, might appeal to politicians on both sides of the aisle, as it would allow government as well as opposition legislators to canvas for candidates of their choosing in various local bodies, Provincial or National Assembly elections.
But according to ECP, this contravenes the law which assigns the task of framing a code of conduct for the polls to the ECP.
And yet, even if this somewhat immoral decision had to be taken, in whatever greater national interest the government had in mind, it would have been far more appropriate to at least take on board all stakeholders and evolve a consensus, which might have lent the move some sort of legitimacy.
While hearing a petition filed by the Pakistan Federal Union of Journalists against the PECA amendment, the Islamabad High Court restrained the FIA from making arrest under PECA’s Section 20, which gives the law enforcement agency a wider ambit following the amendment.
The Federal Minister for IT and Telecommunication, Syed Amin-ul-Haq, indicated that a few select individuals were behind the ill thought out move.
In a letter to the Prime Minister, he has suggested the government withdraw or review the Ordinance.
Even the country’s top law official, Attorney General of Pakistan, Khalid Javed Khan, while speaking to a news channel, said that the Ordinance will be draconian if it comes into force as it is, adding that it will be regulated before implementation.
The very existence of such a law including amendment in Elections Act are a travesty, aside from making a mockery of all that PTI had to say about it before coming into power.
The ECP has reservations on the Presidential Ordinance about code of conduct and a reference is being sent to the Prime Minister with the plea to withdraw the Ordinance as it’s contrary to the Articles 2018 and 222 and also Section 234 of Election Act 2017.
The Islamabad High Court issued notice to the Attorney General in connection with a petition filed against the Presidential Ordinance that amended the Election Act 2017 enabling public office holders to canvass in election campaigns.
The Election Commission of Pakistan also expressed concern over the amendment of the section that restricted the ministers to address the public rallies during election campaigns.
Recently, the Election Commission took stern action against federal minister Ali Amin Gandapur and KP minister Shah Muhammad for breaching the election rules and canvassing for the candidates contesting the local government elections.
The ECP reportedly expressed apprehensions that the government would be able to use its influence and state resources in elections, which would clearly mean denying a level playing field to all contestants.
Through the Ordinance, promulgated by the President, section 181-A has been added to the Election Act.
The new law allows a member of Parliament, provincial assembly or elected members of local governments to visit or address public meetings in any area or constituency.
—The writer is former Secretary Election Commission of Pakistan and currently Chairman National Democratic Foundation.
