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Friday March 29, 2024

ECP refuses to hold LB polls under judiciary’s supervision in KP

ISLAMABAD: The Election Commission of Pakistan (ECP) on Wednesday rejected a request by the Khyber-Pakhtunkhwa Assembly to hold the upcoming local bodies polls under the supervision of the judiciary. The provincial assembly had adopted a resolution on April 16, calling on the electoral body to get appointed returning officers from

By our correspondents
April 23, 2015
ISLAMABAD: The Election Commission of Pakistan (ECP) on Wednesday rejected a request by the Khyber-Pakhtunkhwa Assembly to hold the upcoming local bodies polls under the supervision of the judiciary.
The provincial assembly had adopted a resolution on April 16, calling on the electoral body to get appointed returning officers from the judiciary for the conduct of the local bodies election. This was in total contrast to the rules framed by the Khyber Pakhtunkhwa government.
The Election Commission considered the resolution and decided not to entertain it, pointing out that the provincial government had itself provided under Rule 9 of the Khyber Pakhtunkhwa Local Councils (Conduct of Elections) Rules, 2014 that the ‘Commission shall appoint from amongst the officers of the federal government, corporations controlled by any such government, a district returning officer for each district and returning officers for councils”.
The electoral body under Chief Election Commissioner Justice (Retd) Sardar Muhammad Raza Khan, observed that in the National Judicial Policy 2009, the Supreme Court of Pakistan decided that ‘in future the judiciary would avoid its involvement in the conduct of elections as it distracts the judicial officers from professional duty and complaints of corrupt practices tarnish the image of the judiciary’.
“The apex court had allowed as one-time relaxation in the judicial policy to get appointed returning officers from the judiciary and this can’t be applied now. And how can the provincial government now wish judicial officers’ appointment as returning officers, when it framed rules otherwise? It appears there is a desire to seek a delay in polls,” said a senior ECP official while talking to The News here.
Meanwhile, in an unprecedented use of powers the Election Commission, in one go, took direct action against three returning officers: the executive engineer PESCO Nowshera, executive engineer Nowshera Cantt and executive engineerSui gas for allegedly not assisting the District Election Commission staff members with regard to the poll-related matters.
In addition to ordering disciplinary action against these officers, who had been appointed returning officers, the Election Commission in its order, bearing signatures of the chief election commissioner, asked them to appear before the Election Commission on April 30.
Any government department and its staff members are bound to assist and cooperate with the Election Commission in carrying out the poll-related duties under Article 220, and Article 204 that provide for initiation of contempt of court proceedings against those who, one way or the other, defy Article 220.
“These returning officers were not cooperating with the commission with regard to the voter lists, details of polling stations and hence, had impeded the functioning of the official duty of the commission,” the ECP official said.
The Election Commission has also pushed for more powers in the proposed electoral reforms. In another development, the Punjab police have revoked transfer orders of two DSPs, which were issued after the announcement of the schedule for local bodies polls in cantonments. The Punjab Election Commissioner Zafar Iqbal Malik had asked the provincial government for withdrawal of the transfer orders of the police officers.
Under the electoral laws, once the schedule for polls is announced, no posting or transfer can be initiated and in case of emergency, this can be done only after permission from the Election Commission.