Some govts finding it hard to digest independent ECP

ISLAMABAD: Some of the provincial governments are though finding it hard to digest the independence of Election Commission of Pakistan (ECP) which of late had imposed bans on all governments to check pre-poll rigging, no less than the Supreme Court has already authorised the ECP to exercise its powers pre-emptively to check any ill that may affect fairness of elections.

Some of the provincial governments have challenged in different high courts the ECP’s recent ban on fresh recruitment and new development schemes. The ECP had also barred the federal and provincial governments from diverting funds from development projects.

This situation is upsetting for the ECP which imposed these bans recently after the Commission had found that mass level recruitment and fresh development schemes are being introduced at the time when the general elections are just around the corner. The ECP in its order had noted that these new recruitments and fresh uplift schemes are being initiated to influence the results of the elections.

The Commission had also received the information that diversion of funds is being made from various development projects to election specific constituency oriented development schemes. Interestingly while all the political parties have been unanimous in the past in their demand to make the ECP independent and powerful like the Indian Election Commission, the recent ban imposed by the ECP is hardly welcomed by any of the political parties having share in federal or provincial governments. Some of the provincial governments, however, have opted to challenge the ECP’s ban in high courts.

Surprisingly, a political party's government in a province is questioning the ban imposed by the ECP whereas the party’s chapter in another province has welcomed the same (ban). Although the recently enacted Election Act 2017 has considerably empowered the Commission, the Supreme Court decision in Workers’ Party Case decided in 2013 gives enormous powers to the ECP to check anything which in its view fall in the category of pre-poll rigging.

According to the SC’s decision, “The Election Commission may also exercise its powers in anticipation of an ill that may have the effect of rendering the election unfair.” The SC allowed the ECP to exercise its powers under Article 218(3) pre-emptively. It said, “Where a violation of the standards mentioned in Article 218(3) has not as yet taken place, the Election Commission is legally empowered under Article 218(3) to exercise its powers pre-emptively in order to avoid a violation of these standards.”

Referring to its previous decisions, the SC had noted, “These decisions recognise that the Election Commission enjoys broad powers not only to take pre-emptive action but also to pass any and all orders necessary to ensure that the standards of ‘honesty, justness and fairness’ mentioned in Article 218(3) are met.”

According to the SC, “A bare reading of Article 218(3) makes it clear that the Election Commission is charged with the duty to ‘organise’ and ‘conduct the election’. The language of the Article implies that the Election Commission is responsible not only for conducting the election itself, but also for making all necessary arrangements for the said purpose, prior to the Election Day. By conferring such responsibility on the Election Commission, the Constitution ensures that all activities both prior, on and subsequent to Election Day, that are carried out in anticipation thereof, adhere to standards of justness and fairness, are honest, in accordance with law and free from corrupt practices.”