Election officials to take oath prior to commencement of duty

ISLAMABAD: For the first time in Pakistan’s electoral history, all election officials will have to make an oath prior to commencement of their poll duty, as the Elections Act, 2017 gives powers to the Election Commission of Pakistan (ECP) to suspend or withdraw any official on misconduct, deviating from instructions or the act.

“The training of 3,000 master trainers will be over today (Sunday) and from April 23 (tomorrow), these trainers will commence imparting training to some 0.8 million persons, mostly from education department, for election duties as per the requirements of the act and election rules,” said a senior ECP official while talking to The News. The marathon training of the largest number ever of poll staff would be completed within two months.

The official explained that it was also for the first time that training of election officials had been made mandatory and this had been given a legal cover under this act. “Therefore, we look forward to better election management and smooth poll activity this time, as we have also given fresh training to some 80 percent such government employees, who had previously performed duties during general elections,” he explained.

Chapter V of the act, which deals with the definition and duties of election officials, also makes it mandatory for all such persons to make an oath. Section 56 says, “An election official shall, before the commencement of his election duty, make an oath, in such form and manner as may be prescribed, that he shall act strictly in accordance with the provisions of this act, rules and directions of the Commission.”

The chapter also details disciplinary procedures in case of misconduct and violation of the act while performing duties as election officials. An election official appointed or deputed to perform duties in connection with an election shall be deemed to be under the control, superintendence and discipline of the ECP for the period commencing on and from the date of appointment or deputation till publication of the name of the returned candidate in the official gazette.

“Notwithstanding anything to the contrary contained in any other law, the Commission may initiate and finalize disciplinary action and impose any penalty against any election official for any act of misconduct provided in the efficiency and discipline rules as applicable to such election official or under any provision of misconduct under this act, and for this purpose, the Election Commission shall be deemed to be the competent authority under the said Efficiency and Discipline Rules or this act,” the law says.

The Election Commission may, at any time, for reasons to be recorded in writing, suspend or withdraw any election official, a public servant or any other person in the service of Pakistan 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 a voter when he casts his vote; or (c) influences or attempts to influence in any manner the polling staff or a voter; 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 issued by the Election Commission or any officer authorised to issue.

As for duties, a returning officer shall do all such acts and things as may be necessary for effective conduct of the poll in accordance with the provisions of the act. Similarly, an assistant returning officer shall assist the returning officer in the performance of his functions under this Act and may, subject to any condition imposed by the Commission and the control of the returning officer, exercise the powers and perform the functions of the returning officer.

A presiding officer shall conduct the poll in accordance with the provisions of this act and the rules and shall be responsible for maintaining order at the polling station and shall report to the returning officer any fact or incident which may affect the conduct or fairness of the poll.

During the course of the poll, the presiding officer may entrust any of his functions to an assistant presiding officer and the assistant presiding officer shall perform the functions so entrusted to him.

The Election Commission may appoint an officer to act as an enquiry officer or authorised officer to initiate and finalise proceedings under the Efficiency and Discipline Rules applicable to the election official concerned against whom action has been taken by the commission under sub-section (3) or other provision of this act or by the returning officer under sub-section (6) of Section 54.

The enquiry officer or authorized officer shall complete enquiry proceedings under the Efficiency and Discipline Rules as applicable to the election official concerned or under this act within 30 days of the reference to him and shall submit the enquiry report to the commission within seven days of the completion of the enquiry. The commission may impose any penalty provided in the Efficiency and Discipline Rules as applicable to the election official concerned or any penalty provided under this act.

An election official aggrieved by a final order passed by the commission may, within 30 days of receipt of the final order, file an appeal in the relevant service tribunal or other judicial forum.