ECP bars state functionaries from interfering in by-elections

ECP says those found guilty of violating the code and directives will be prosecuted under prescribed laws.

ISLAMABAD: The Election Commission of Pakistan on Friday cautioned the state functionaries to keep away from meddling in by-elections, warning that it violated the code prescribed for by-elections advising to avoid legal course and penalty in terms of jail and fine.

The commission is due to hold by-elections on February 18, 2013, in seven constituencies for seats in the provincial assemblies of Sindh and Punjab. The ECP has issued directives to guard against corrupt practices and ensure free, fair and transparent by-elections.

In Punjab, the by-elections are being held for PP-239 Vehari-VIII. In the constituencies of Sindh provincial assembly, elections will be held for PS-73 Jamshoro-cum- Dadu, PS-84 Thatta-I, PS-101 Karachi-XIII, PS-103 Karachi-XV, PS-113 Karachi-XXV, and PS-115 Karachi-XXVII.

According to a directive of the Commission, executive authorities in the Federation and in the Provinces have been barred from using State resources anywhere in Pakistan for unfair advantage of a particular candidate or political party. They have also been warned against exercising undue influence to affect the interest of a candidate or party for participating in any election to be held hereinafter.

“If any person in the service of Pakistan misuses his official position in any manner calculated to influence the result of the election, he may be tried by a Court of Sessions as contemplated under Section 95 of the Representation of the People Act, 1976,” the directive read.

Those found guilty of violating the directive may be punished with imprisonment for a term which may extend to two years or with fine which may extend to Rs2000 or with both under Section 92 of the Act.

The Commission has also requested departments not to make the bulk of transfers and postings of civil servants after the election schedule is issued, while individual transfers or postings shall also not be made after the issuance of schedule, election except under exceptional circumstances.

The Commission has also directed that after the issuance of schedule of an election, the Prime Minister, Chief Minister, Federal Ministers, State Ministers, Advisors to the President and the Prime Minister, Provincial Ministers and Advisors to the Chief Ministers will neither visit the area of any constituency where an election is being held nor shall openly or in secret give any subscription or donation or make promise for giving such subscription or donation to any institution of a constituency, nor shall inaugurate, commit to undertake or announce any development project therein for the advancement of the campaign of a candidate of his choice and thereby influence the results of that election.

Further, the Prime Minister, Chief Ministers, Federal Ministers, State Ministers, Advisors to the President and the Prime Minister, Provincial Ministers and Advisors to the Chief Ministers or any person on their behalf shall not visit the Constituency or a polling station after the issuance of Schedule of an election till the completion of poll.

In this regard, the Commission has stated that if any of the mentioned public office holders is found to have misused his official position to influence the result of an election in any manner whatsoever, legal action shall be taken against such person in accordance with law prescribed under section 103A of the Representation of the People Act, 1976, relating to contempt proceedings.