and are likely to be immediately highlighted by the opposing parties, the judgment said. Therefore, to restrict the party leaders, party workers or any public office holders including the prime minister, chairman and deputy chairman of the Senate, speakers of assemblies, federal minister, ministers of state, chief minister, provincial ministers and advisors to the prime minister and the chief minister and other public office holders, except the president, who is an emblem of unity of the Federation and is non-partisan, to visit the area of the constituency during electioneering offends the fundamental rights under the Constitution.
The clause that imposes restriction on public office holders not to visit the constituencies where by-elections are being held is declared to be unconstitutional and illegal and therefore struck down, the judge wrote.
Petitioner Mansoor Sarwar Khan disputed the bar on PTI Chairman Imran Khan to canvass in the by-elections then being held in Punjab. The ECP code had prohibited federal and provincial lawmakers from visiting the areas, where by-polls were being held, after the issuance of the election schedule.
He contended that it is integral to an electoral campaign that the party leaders visit the constituencies, address the electorate and meet the party workers. He argued that the ECP code stifled the electioneering plans of the political party by curbing its activism, which is a core value of any parliamentary democracy.
The federal government lawyer readily agreed with the contentions raised by Mansoor Sarwar Khan and added that physical movement of the political leaders cannot be restrained and they cannot be barred from visiting the area of the constituencies during a poll campaign.
He said that the restriction on the movement of political leaders and public office holders including the prime minister, chief minister, federal ministers, state ministers and advisors to the president is also unconstitutional as they are also party leaders and cannot be deprived of their political role.
According to the judgment, the only restriction under the law is that no person will convene, hold or attend any public meeting, and no person will promote or join in any procession within the area of any constituency during a period of 48 hours ending at midnight following the conclusion of the poll for any election.
The apprehensions of the ECP are addressed under the ROPA which provide for remedies in case the public office holders abuse their public position or public fund during electioneering. The ECP has appealed against the LHC decision in the Supreme Court. On August 16, it said in a statement that some political parties have objected to the visits of public office holders and the canvassing for their candidates in National Assembly constituency NA-19 Haripur. It said the code was amended in the light of the LHC judgment and the clause was removed. It said that objection poured in from PTI and pointed out that the petition challenging the clause had been filed by a PTI leader.