ECP clarifies its position on empowering army personnel

ISLAMABAD: The Election Commission of Pakistan on Sunday clarified its position with regards to the conduct of elections and empowering the army personnel as well as the civil armed forces with magistrate first class, saying these will be subject to first report to the presiding officer about any irregularity or malpractice.

The election commission, in a detailed statement issued here, expressed its serious reservations about the statements made and the impression created in the Senate about an independent constitutional entity, which is working with complete freedom, unbiasedness and impartiality.

"The election commission is a body created by the Constitution of Islamic Republic of Pakistan. Respect of such institutions is a step towards respect of the Constitution. It is also clarified that the governments in Pakistan are being run by caretaker setups. Other institutions like NAB and Pemra are subservient to their own legal responsibilities. Interference in the domain of such authorities is tenable neither legally nor morally. It is also emphasised that any attempt to interfere in the mandate of the Election Commission through allegations at esteemed fora will not serve the democratic principle, which is cherished by all," it noted.

The election commission said that the Pakistan armed forces/civil armed forces personnel (deployed inside and outside a polling station) while performing their duties are supposed to first report to the presiding officer an irregularity or malpractice, they observe inside or outside a polling station and act according to the instructions issued by him in that regard.

“In case, the presiding officer does not act to prevent the commission of any reported irregularity/malpractice, the security staff will immediately bring the matter to the notice of the designated officer-in-charge of the Pakistan armed forces/civil armed forces, who shall take action in light of the powers designated to him and also immediately inform the returning officer concerned,” it explained.

The election commission pointed out that it is very important to note that it is for the very first time that the security personnel will be performing duties under a notified code of conduct after taking oath.

Referring to the speeches by some of the senators, the election commission clarified that it is committed to fulfill its constitutional obligation for holding the honest, just and fair elections. “However, it needs to be pointed out that the statements made by some honourable senators with regards to the conduct of the elections are based on disinformation and the same are required to be clarified,” it said.

The election commission said that Article 218 (3) of the Constitution states that it shall be the duty of the commission to organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against. Then, it also referred to the Supreme Court of Pakistan judgement in the Workers’ Party case, which says that the election commission is empowered to heck not just illegal actions relating to the elections (violating the limits set for campaign finance etc) or corrupt practices (bribery etc) but is also empowered to review all election activities, meetings, jalsas, jaloos, use of loudspeakers etc. for their effects on the standards of fairness, justness and honesty that elections are expected to meet.

“The election commission is also empowered to take preemptive measures to ensure that the spirit of democracy and fairness, justness and honesty of elections is fully observed,” the judgement said.

In exercise of its powers to guard against the occurrence of corrupt practices during the poll at polling stations, the election commission has decided to deploy the army personnel (inside and outside polling stations) with a view to provide an enabling peaceful environment for the conduct of free and fair polls; however, the army troops will perform their duties in accordance with Section 193 of the Elections Act, 2017 and within the confines of mandate assigned to them by the election commission in the shape of Code of Conduct for security officials, notified on July 06, 2018, and then published in the official Gazette next day.

Similarly, the election commission issued a notification on July 10 read with corrigendum of same number dated July 18, 2018, authorising each designated officer-in-charge of Pakistan armed forces/civil armed forces (gazetted as well as JCOs) to exercise powers of magistrate first class during the deployment on the polling day.

The two notifications, the election commission, are placed on the ECP website for information of stakeholders, hence the impression given about lack of transparency is quite deplorable and unfortunate.

The election commission also said that it is brought to the notice the allegations of inactivity by the election commission are baseless, whether it is Mr Bilawal Bhutto Zardari’s convoy in Punjab or taking up with the issue of NAB, the election commission played an effective role and the government of Punjab was appropriately warned against disruption of electioneering.