ECP’s powers to conduct polls exclusive

ISLAMABAD: The Constitution empowers the Election Commission of Pakistan (ECP) beyond doubt to hold polls in a fair and transparent manner, forbidding any legal measures to tinker with its authority.

The mother document contains several provisions to spell out the ECP powers, functions and duties to the exclusion of any other agency. All or most of them will be closely scrutinised when the use of electronic voting machines (EVMs) and i-voting for overseas Pakistanis in general elections approved by the parliament, will be challenged in the Supreme Court.

The opposition parties have announced that they will dispute these steps in the apex court while the government is determined to defend them. The ECP, which will be made a party to the judicial proceedings, is unlikely to change its stand that it has voiced more than once on these moves at different forums.

Regardless of the court judgment, it will be the ECP under the Constitution, which is to implement the EVMs and i-voting because holding elections is its domain to the exclusion of interference of any other authority.

The Article 208(3) says it will be the duty of the ECP to organise and conduct elections and to make such arrangements as are necessary to ensure that the polls are conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against. The Article 219 says the ECP will be charged with the duty of preparing electoral rolls for elections to the National Assembly and the provincial assemblies, and revising such lists annually; organising and conducting election to the Senate or to fill casual vacancies in a House or a provincial assembly; appointing election tribunals; the holding of general elections to the National Assembly, provincial assemblies and the local governments; and such other functions as may be specified by an act of Parliament.

The government believes that the words “such other functions as may be specified by an act of Parliament” occurring in this article give it the authority to make the law providing for the use of electronic voting machines and i-voting for overseas Pakistanis.

However, it is the ECP, which will decide whether it is in a position logistically to implement these measures because in the final analysis it will be answerable if anything goes wrong in putting these steps into practice that adversely impacts the fairness and transparency of the electoral process.

According to the Article 220, it will be the duty of all the federal and provincial executive authorities to assist the chief election commissioner (CEC) and the ECP in the discharge of his or its functions.

During the polls, the executive authorities fall under the control of the ECP. The Article 221 says until Parliament by law otherwise provides, the ECP may, with the approval of the President, make rules providing for the appointment by the ECP of officers and servants to be employed in connection with the functions of the ECP and for their terms and conditions of employment.

The Article 222 states that subject to the Constitution, Parliament may by law provide for the allocation of seats in the National Assembly; the delimitation of constituencies by the ECP; the preparation of electoral rolls, the requirements as to residence in a constituency, the determination of objections pertaining to and the commencement of electoral rolls; the conduct of elections and poll petitions; the decision of doubts and disputes arising in connection with elections; matters relating to corrupt practices and other offences in connection with polls; and all other matters necessary for the due constitution of the two Houses and the provincial assemblies; but no such law will have the effect of taking away or abridging any of the powers of the CEC or the ECP under this part of electoral laws and conduct of elections.

The ECP not only has unquestionable powers to hold free and just polls but has the conclusive authority to nominate the caretaker prime minister or interim chief ministers in certain situation. The Article 224A is relevant here. It says In case the prime minister (or chief minister) and the leader of the opposition in the outgoing National Assembly (or provincial assembly) do not agree on any person to be appointed the caretaker premier or chief minister, within three days of the dissolution of the assembly concerned, they will forward two nominees each to a committee to be immediately constituted by the Speaker, having equal representation from the treasury and the opposition, to be nominated by the premier (or chief minister and the opposition leader, respectively.

The committee will finalise the name of the caretaker prime minister or chief minister within three days of the referral of the matter to it. In case of its inability to decide the matter within this period, the names of the nominees will be referred to the ECP for final decision within two days.