ISLAMABAD: The Election Commission of Pakistan (ECP) on Friday issued notices to Prime Minister Imran Khan, Khyber-Pakhtunkhwa Governor Shah Farman, Chief Minister Mehmood Khan, federal ministers Shah Mehmood Qureshi, Asad Umer and Murad Saeed and others for attending an election rally in Lower Dir in violation of the ECP code of conduct.
The ECP district monitoring officer (DMO) Lower Dir issued notices to these public-office holders over violation of the revised code of conduct by addressing a public rally there. He had, earlier, advised the PM to cancel his plan and now he has asked him to appear before him in person or through counsel on March 14, along with a written statement in his defence.
The DMO said that sufficient evidence was available to establish that the code of conduct had been violated. The notices have warned, “in case of your failure to submit your written defence or failure to appear before the undersigned, in person or through counsel, an ex-parte decision would be taken under Section-243 of the Elections Act, 2017”.
Moreover, notices have been issued to seven electoral candidates from different tehsils of Lower Dir over the related violation. The Election Commission can impose a maximum fine of Rs50,000 on anyone found guilty of violating the electoral code of conduct, in exercise of its powers under Section 234 (3) of Elections Act, 2017.
The commission also has the powers to disqualify any candidate from contesting polls if he/she is found violating electoral code of conduct more than once, under Section 234 (4) of the Act.
Earlier, putting aside the ‘controversial’ presidential ordinance, amending electoral rules, the Election Commission of Pakistan (ECP) barred key public office-holders including the president and the prime minister from taking part in the election campaigns.
The ECP revised the code of conduct for political parties and candidates in the light of the recent consultation with the political parties, says a statement issued by the commission’s media wing here. However, members of the parliament and the provincial assemblies have been allowed to take part in electoral campaigns.
The public office-holders including president, PM, chairman, deputy chairman Senate, speaker, deputy speaker of any assembly, federal ministers, ministers of state, governors, chief ministers, provincial ministers and advisors to the prime minster and mayors, chairmen, nazims, their deputies, would not participate in any manner whatsoever, the ECP order said. However, parliamentarians and legislators of provincial assemblies are allowed to participate in the election campaigns, subject to that they would strictly abide by the code of conduct, reads the revised code of conduct.
Section 181 of the Elections Act, 2017 states: “No government functionary or elected representative including a local government functionary or elected representative, shall announce any development scheme for a constituency after the announcement of the election programme of that constituency.”
However, through the ordinance, promulgated by President Dr Arif Alvi last month, Section 181(A) had been added to the Act: The new law allows a member of parliament, provincial assembly or elected member of local government, including member holding any other office under the constitution or any other law, will be allowed to visit or address public meetings in any area or constituency.
With reference to the related ordinance, the Election Commission had also recently written to the Ministry of Parliamentary Affairs for its review and contended that it was for the Commission to frame a code of conduct for political parties, contesting candidates and others involved in the electoral exercise, under Section 233 of the Elections Act.
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 polling agents. The commission shall also frame a code of conduct for security personnel, media and election observers. A political party, a candidate, an election agent, a polling agent, 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”.
A senior official of the Election Commission explained the revised code of conduct has been issued after consultations with the political parties in line with the law and he also noted that the parliament and the provincial assemblies were barred under Article 222 of the Constitution from passing any law that has the effect of taking away or abridging any of the powers of the chief election commissioner or the commission itself.
The Commission has come up with a revised code of conduct at a time when second phase of the local government (LG) polls is set to take place on March 31 in the remaining 18 out of 35 districts of Khyber Pakhtunkhwa and first phase of LG polls in 17 out of 36 districts of Punjab is to be conducted in the last week of May.