‘Article 222’ prohibits diluting ECP powers

Top election body to inform govt about misgivings in writing

ISLAMABAD:

The Election Commission of Pakistan (ECP) has said under Article 222 of the Constitution, the powers of the electoral watchdog could not be revoked.

Taking exception to the Elections Act Amendment Ordinance, the top election body said framing and modifying the election code of conduct was its constitutional right and added diluting it through an ordinance or any other executive order was tantamount to interference in its domain.

The commission also decided to write a letter to the government in order to inform it of its misgivings over the issue.

Earlier this week, President Arif Alvi had promulgated the ordinance amending the Elections Act which allowed lawmakers to visit or address public meetings in any area or constituency during the election campaign.

Read: ECP expresses concern over law tweak

According to sources, an informal meeting of the poll supervisor mulled over the elections amendment ordinance. Expressing reservations, the ECP decided to write a letter to the federal government and inform it about legal and constitutional issues involved in the matter.

The commission meeting noted that framing and modification of the election code of conduct was its responsibility vested in it by the Constitution. It further said that under Article 222 of the Constitution, the powers of the electoral watchdog could not be revoked.

The sources said that the ECP had decided to consult political parties on the elections amendment ordinance and that it would write letters to their heads soon in this regard. The election supervisor would decide its next course of action after consultation with the political parties.

Meanwhile, the amendment in Election Act 2017 through ordinance was challenged in the Islamabad High Court (IHC).

The plea, which will be heard on Thursday (today), stated that the government issued the amendment ordinance immediately after the parliament session was adjourned.

It appears that the government had already prepared the draft of the ordinance, the application said, adding that the government waited for the adjournment of parliament session to avoid legislation and for the issuance of the ordinance.

The plea noted that public officeholders would be able to participate in election campaign after the promulgation of the new ordinance.

It was further said that the ordinance was based on “government’s mal intention” and that there was no emergency to make the amendment.

The plea requested the court to declare the Elections Act Amendment Ordinance and its issuance in contravention with the constitution.

On Monday, a delegation led by ECP Secretary Umar Hameed Khan met Attorney General for Pakistan (AGP) Khalid Jawed Khan at his office and reportedly conveyed the ECP’s concerns regarding the new law.

The delegation maintained that the new law was violative of Article 218 (3) of the constitution, which says that “it shall be the duty of the ECP 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”.

Likewise, the commission also believed that ordinance was contrary to section 233 of Election Act 2017 as well as Article 222 of the constitution.