Daska by-poll: ECP decision against officers yet to be fully enforced

ISLAMABAD: The true story behind the alleged Daska by-poll rigging may be revealed if the Election Commission of Pakistan (ECP) leads an inquiry against the officers involved in the incident. In its recent order, the ECP nullified the Daska by-poll and ordered the transfer and suspension of several officers. The order also said that a decision would be made later on whether an investigation would be conducted by the commission itself, or if by the provincial and federal governments. An official source familiar with the matter claims that the federal and provincial governments are deeply anxious about the ECP’s pending decision regarding the inquiries against officers ordered for suspension and removal. It is feared that if these officers face independent inquiries, they could name those on whose order they were acting to help rig the by-elections.

“It is certain that these officers were not acting on their own,” the source told The News on condition of anonymity.

Meanwhile, the federal and Punjab governments have not yet implemented ECP’s order of removal and suspension of several police and civil administration officers involved in the Daska rigging case. Three junior officers- an assistant commissioner in Daska and two district superintendents of police - have so far been suspended, while all other officers continue to serve in their positions. The ECP had ordered the federal and Punjab governments to remove the commissioner and the regional police officer of Gujranwala division and also suspended the deputy commissioner and district police officer of Sialkot district, assistant commissioner of Daska and DSPs of Sambrial and Daska.

Under the Election Act 2017, all government authorities are bound to follow the orders of the commission in connection with its fundamental duties of holding fair and free elections.

The commission enjoys immense power under the Election Act 2017. All executive authorities in the federation and in the provinces are bound to assist the ECP in the discharge of its functions. No executive authority can ignore or defy directions of the commission.

Under Section 4 of the Election Act 2017, the commission has the power to issue directions or orders that may be necessary for the performance of its functions and duties. “Any such direction or order shall be enforceable throughout Pakistan and shall be executed as if it had been issued by the high court,” the Act states.

In case an authority ignores or defies its order, the commission may exercise the same power as the high court to punish such a person or authority for contempt of court.

The commission is empowered by law to initiate and finalise disciplinary action and impose penalties against election officials for acts of misconduct provided in the Efficiency and Discipline Rules.