Fair elections vital for economic stability
FREE, fair and transparent elections are significant and important for any democratic country in world and especially for Pakistan in the present political situation.
The democratic process in the country and political stability can only be completed and continued through free, fair and transparent elections.
Transparent elections and stable political processes are very important and pivotal for the governance in any country and would either greatly advance or set back a country’s long-term democratic development resultantly impacting both social and human development.
Everyone in Pakistan has firm belief that without free, fair and credible election process and without introducing democratic culture within political parties, there would be no vibrant democracy and political stability in Pakistan.
The basic principle for credibility of elections in future would be that the whole process should stand on the principles of transparency, fairness, inclusiveness, accountability, free from malpractices and has given equal opportunities to all who would participate in the process and that the outcome as well must reflect the will of the people.
Election Commission of Pakistan is important and permanent institution established under the Constitution of Pakistan and has mandate under Article 218(3) to organize and conduct the elections and to make such arrangements as are necessary to ensure that the elections would be conducted honestly, justly, fairly and in accordance with law, and that corrupt practices would be guarded against.
Article 219 of Constitution has prescribed that Election Commission shall be charged with the duty of preparing electoral rolls for election to the National Assembly, Provincial Assemblies and local governments, and revising such rolls periodically to keep them up-to-date, organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly, appointing Election Tribunals and the holding of general elections to the National Assembly, Provincial Assemblies and the local governments.
The legislatures have strengthened the functions of Election Commission through Articles 213, 215 and 220 in Constitution and Election Act, 2017, providing tenure of security to Chairman and members of the Commission and has bound all executive authorities in the Federation and in the Provinces to assist the Election Commission in the discharge of their functions.
Simultaneously, the Election Commission has also been conferred powers under Article 19 of the Political Parties Order, 2002 to make such rules to regulate the working of political parties registered with them, and for achieving that purpose Election Commission had notified the Political Parties Rules, 2002 with the approval of federal government.
Supreme Court of Pakistan and all High Courts have also discussed and commented time and again about the functions and mandate of Election Commission through their various judgments including by latest judgment of five members bench of Supreme Court, issued on Presidential Reference No 1, that Election Commission has all powers to ensure that the elections in Pakistan are organized and conducted honestly, justly, fairly and in accordance with law and all corrupt practices are guarded against.
Impartial electoral framework and credible electoral administration is also important for free, fair and transparent election.
Everyone in the country expects that the elections should be held, organized and conducted honestly, justly, fairly and in accordance with the constitutional provisions and every participant of election process should provide equal level playing ground.
However, it is important and need of time in addition that the following measures should also be taken by Election Commission for free, fair, transparent and credible future process of elections in Pakistan:
(i).All stakeholders should be called including the political parties, and after getting their input, A ‘Charter of free, fair and transparent election’ be prepared and that must be signed by all for a free, fair and transparent election in Pakistan.
(ii).The Election Commission should launch a massive public campaign that all citizens are eligible under the Constitution to cast their vote and must be registered as voters in and outside Pakistan.
(iii).Latest information/digital technology including electronic voting must be introduced/used at all levels of the election process in and outside the country.
This implementation would increase the percentage of votes and enhance transparency in the whole election process.
(iv).Such measures should be taken for the voters so that the voters can cast their votes very near to their residence address or through other technology methods and no one except the polling staff should be allowed in such areas of cast of vote.
(v).Steps should be taken to control fraud in voting and to ensure that eligible voters can cast a vote one time in elections.
(vi).Practical initiatives should be taken that ballots should be counted after the balloting instantly and the correct results should be announced within no time both at the polling station and by the District Returning Officer.
(vii).Steps to be taken to ensure and maintain law & order for free and transparent process during the whole election.
(viii).Forensic audit must be conducted immediately regarding the capacity and implementation functions of Election Commission before the next general election, and then remedial steps to be taken immediately in view of such recommendations.
This exercise would have a great impact for future working of the Election Commission.
(ix).All petitions relating to election disputes should be decided within time bound.
(x).Continued measures should be taken to ordain the working and functioning of political parties under the Political Parties Rules, 2002.
(xi).Steps should be taken for the implementation of code of conduct for the elections and for implementation of Political Parties Rules 2002.
(xii).Overseas Pakistanis should be facilitated for their voting which can be exercised through using digital technology so they can cast their votes in their respective constituencies.
In present political scenario, Election Commission should take all measures in letter and in spirit for implementation of election laws before, during and after the elections and to ensure that the whole election process would have the foundation of trust, credibility and fairness, otherwise and there would be hue and cry like any other previous election, which the country would not afford/bear such bad political consequences.
Rudimentary steps should be taken to make sure that all political parties in Pakistan are implementing the relevant laws, especially adhering to the provisions of Political Parties Rules, 2002 within their parties and submitting regularly such documents and accounts details well in time to Election Commission which required them under the laws while they are functioning.
—The writer is an Advocate of Supreme Court, previously served on many important positions including as Chairman Customs, Federal Excise & Sales Tax Appellate Tribunal Pakistan.
