Election Act 2017 makes ECP more powerful than caretakers

ISLAMABAD: Election Act 2017 makes the Election Commission of Pakistan (ECP) more powerful than the caretaker government, which is restricted by the same law to perform only day-to-day matters and is not even allowed to take any major policy decision or make major administrative changes.

Under the law, the caretaker government will primarily be there “to assist the Commission to hold elections in accordance with law” and will not be able to transfer the officers unless asked by the ECP.

The decisions like withdrawing high treason case against Gen Musharraf or suspending a possible jail sentence of Nawaz Sharif, are clearly out of the purview of the caretaker government, which under the law is asked to “restrict itself to activities that are of routine, non-controversial and urgent, in the public interest and reversible by the future government elected after the elections”.

The ECP sources said that unlike past and following the electoral reform package as implemented in the form of Election Act 2017, the upcoming caretaker government will have a limited role to play.

Clause 230 of the Election Act 2017 deals with the function of the caretaker government. The said clause reads as:

“Functions of caretaker Government.—(1) A caretaker Government shall— (a) perform its functions to attend to day-to-day matters which are necessary to run the affairs of the Government; (b) assist the Commission to hold elections in accordance with law; (c) restrict itself to activities that are of routine, non-controversial and urgent, in the public interest and reversible by the future Government elected after the elections; and (d) be impartial to every person and political party.”

Sub-clause (2) of the same clause 230 imposes restrictions on the role of the caretaker government. It reads as: “The caretaker Government shall not— (a) take major policy decisions except on urgent matters; PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1547 (b) take any decision or make a policy that may have effect or pre-empt the exercise of authority by the future elected Government; (c) enter into major contract or undertaking if it is detrimental to public interest; (d) enter into major international negotiation with any foreign country or international agency or sign or ratify any international binding instrument except in an exceptional case; (e) make promotions or major appointments of public officials but may make acting or short term appointments in public interest; (f) transfer public officials unless it is considered expedient and after approval of the Commission; and (g) attempt to influence the elections or do or cause to be done anything which may, in any manner, influence or adversely affect the free and fair elections.”

Sub-clause (3) of the Clause makes it mandatory for the caretaker Prime Minister, Chief Minister, and their cabinet ministers to submit to the Commission a statement of assets and liabilities including assets and liabilities of their spouse and dependent children as on the preceding 30th day of June on Form B. The Election Commission as per law shall publish these statement of assets and liabilities in the official Gazette.

Under the Election Act 2017, after the Election Programme has been issued and till the publication of the names of the returned candidates in the official Gazette, any government or authority shall not post or transfer any official appointed or deputed in connection with an election without prior approval in writing of the Commission.