Draft act for empowerment of ECP under consideration

ISLAMABAD: The Electoral Reforms Committee of parliament is presently considering draft the Elections Act 2015 to amend and consolidate the election laws for the empowerment of the Election Commission of Pakistan (ECP) to ensure the holding of fair, free and transparent elections.
A copy of the draft Elections Act 2015 available with The News envisages giving contempt powers to the commission besides empowering the ECP to proceed against returning officers and other election staff or any other official in holding fair and free elections.
According to the draft act, the commission could also suspend any public functionary or official including a member of the police force or any other law enforcing agency who obstructs or prevents the conduct of fair and impartial polls or disobeys the commission or any of its representatives.
The draft act also suggests giving the commission the power to declare a poll void if it is satisfied that by reasons of grave illegalities or such violations which have materially affected the result of the polls in a constituency including implementation of any agreement restraining women from exercising their right to vote. The draft act also allows the commission to order filing of complaint before a court against persons who entered into any such agreement.
The draft act envisages that the commission shall also have the power as the high court has to punish any person for contempt of court.However, fair comments about the commission’s working and its decision, and the publication of a fair and substantially accurate report of any proceedings of the commission except those held in camera or specifically prohibited by the commission would not be considered contempt of the commission.
Returning officers, assistant ROs, presiding officers and polling officers, the draft law said, could be appointed from the commission’s own officers or from among officers of the federal government, provincial governments, autonomous bodies, local governments and corporations established or controlled by such governments.
District returning officers, ROs, assistant ROs, presiding officers, assistant presiding officer, polling officer, and any other official engaged in the election duty shall deemed to be under the control, superintendence and discipline of the commission for the period commencing on and from the date of notification of the election schedule till publication of the name of the returning candidate in the official gazette.
The commission shall be competent to initiate and finalise disciplinary action and impose penalty against any officer or official of any act of misconduct provided in the Efficiency and Discipline Rules.
According to the draft act, the commission could also suspend or withdraw any officer or official performing any duty in connection with an elections, or any other public functionary or any member of the police force or any other law enforcing agencies who: (a) obstructs or prevents or attempts to obstruct or prevent the conduct of a fair and impartial poll; or (b) interferes or attempts to interfere with an elector when he records his vote; or (c) influences or attempts to influence in any manner the polling staff or an elector; or (d) does any other act calculated to influence the result of the election; or (e) disobeys any order, or avoids to carry out any instruction duly issued by the commission or any officer authorised to issue any order of instruction or violates any provision of this act.
The draft act also talks about the commission’s power relating to the delimitation of constituencies and electoral rolls. About the principles of delimitation, the draft act says that all constituencies for general seats shall be delimited having regard to the distribution of population in geographically compact areas, existing boundaries of administrative units, facilities of communication and public convenience and the cognate factors to ensure homogeneity in the creation of constituencies.
As far as may be the constituencies for election to the same assembly shall be equal among themselves in population: provided that variation in population of constituencies of the same assembly shall not ordinarily exceed 10 percent, and if this limit is exceeded in exceptional cases, the reason thereof shall be recorded in the delimitation order.
The commission shall prepare electoral rolls for election to the National Assembly, provincial assemblies and local government and shall revise the rolls annually and from time to time in the prescribed manner.
As per the draft act, Nadra shall transfer data of each fresh computerised national identity card issued by it to the commission for automatic registration of the holder as a voter in the electoral roll of the election area in which his permanent residence is situated and the commission shall intimate the voter so registered about his registration.