The election code

In a democratic dispensation, elections are the mode through which public representatives at the national, provincial and local level are chosen. Unfortunately there is a well-entrenched culture in the country to question the authenticity and legitimacy of elections by the losing candidates and political parties. At times disputes over rigging have even led to derailment of democracy in the country, like it happened after the 1977 elections.

In the aftermath of the 2013 elections, the PTI has been vociferously been talking of massive rigging in the polls and consequently demanding electoral reforms as well as the change in the criteria and eligibility for the appointment of the chief election commissioner and the members of the ECP.

While the parliamentary committee on electoral reforms is still busy in finalising the constitutional amendments and changes in the electoral laws in the light of recommendations and consensus of the political parties, the required reforms in the ECP have already been effected through the 22nd Amendment which among other things makes the technocrats and retired civil servants eligible for appointment as members of the commission.

Ensuring free, fair and transparent elections is the major responsibility of the ECP. Apart from the electoral laws, an agreed code of conduct for the contesting candidates and political parties is also a vital factor in achieving the desired objective and to minimise avenues of controversy on the conduct of elections.

Now that the ECP has been reformed and enjoys the confidence of all the political parties, it is engaged in evolving a new code conduct for candidates and political parties in light of recommendations and observations of international monitoring agencies, Fafen and SC orders to the ECP to take all possible measures to ensure free, fair and transparent elections.

Accordingly it has prepared a 41-point code of conduct which covers the conduct of the candidates and parties prior to the election, during the election campaign and on polling day. However, with a view to ensure its across the board acceptability, the ECP thought it appropriate to share it with the leaders and representatives of all the political parties before its finalisation.

The CEC convened a meeting recently which was attended by representatives of all the political parties and shared the proposed code of conduct with them and asked them to consult their leaders and make their recommendations and observations on it, before the commission gave them a final shape. Hopefully the proposals and recommendations of the political parties will be submitted to the commission as expeditiously as possible.

It would perhaps be pertinent to discuss some of the proposed recommendations by the commission that can cure some of the afflictions of our electoral culture and contribute towards free, fair and transparent elections. In view of the fact that opposition parties have invariably been accusing ruling parties of using government resources to influence the voters and manipulating the election results, which they called pre-poll rigging, the new code of conduct debars government departments and public functionaries from announcing development schemes which could influence the voters in favour of a particular party or an individual candidate. It also prohibits public office-holders including the president and the prime minister from participating in election campaigingn in any manner whatsoever.

The code restricts issuance of advertisements in newspapers and other media by federal, provincial and local government and proposes a complete ban on advertisement by political parties on private media; it also recommends giving equal air time to all political parties on state-owned media. These are very pertinent recommendations and the political parties should have no qualms in endorsing them if they are really interested in free, fair and transparent elections.

The new code also recommends a complete ban on billboards, hoardings, banners and wall-chalking, and public rallies on the streets, though it allows corner meetings and door-to-door canvassing. The ban on carrying and display of firearms by supporters of a party or a candidate in public meetings and on polling days and setting up of camps parties and candidates near polling stations is also a commendable move to prevent bloodshed and confrontation between rival groups. To facilitate the voters, the ECP will provide an SMS facility to voters through which a voter would be able to get information regarding their serial number in the electoral roll and name and location of the polling station.

The code also proposes that political parties and candidates should refrain from deliberate dissemination of false and malicious information to defame other political parties and opposing candidates or use of abusive language. It is a common observation that during the elections it has always been a free for all and inflammatory speeches and unsubstantiated allegations are used, which sometimes also lead to armed clashes between rival parties. Ensuring the implementation of the proposed recommendations would surely add the much desired sanity to the electoral process.

Money has played a very significant role in election campaigns and in affecting election results. It is common knowledge that political parties and individual candidates spend millions on election campaigns to influence the voters; this also includes buying votes.

To check this phenomenon the proposed code of conduct makes it obligatory on parties and individual candidates to open a specific account in any scheduled bank and deposit all donations and subscriptions in that account, out of which the election expenditure can be incurred. All transactions relating to election expenses will have to be entered into with GST-registered firms and each candidate will be required to submit a statement of expenditure to the Returning Officer on a weekly basis.

A holistic view of the new code of conduct and the endeavours of the ECP to take all stakeholders on board presents a very encouraging spectacle.

The writer is a freelance contributor.

Email: ashpak10@gmail.com