ECP serves notice on PM for attending Lower Dir rally

AGP says ECP can’t ignore ordinance promulgated to this effect

ISLAMABAD:

The Election Commission of Pakistan (ECP) on Friday issued a notice to Prime Minister Imran Khan for participating in a rally in Lower Dir in connection with the Khyber-Pakhtunkhwa local bodies elections.

The commission has summoned the premier on March 14, either in person or through his counsel. According to the ECP, the prime minister had violated Section 234 of the revised Elections Act, 2017.

“Sufficient evidence is available to establish that you [PM Imran] have violated the provision of the Revised Code of Conduct, Elections Act 2017, and the Rules made thereunder.”

In an earlier letter, the commission had informed the premier that he as well as other public officer-holders could not visit any the area of any local council or announce a development scheme after the issuance of the election schedule.

It had warned PM Imran that legal proceedings under sections 233 and 234 of the Election Act 2017 could be initiated against him if he violated any provisions of the revised code.

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Under recent amendments to the act, the government had inserted a new section, 181A, which read: “Notwithstanding anything to the contrary under this Act, rule or code of conduct or any other law, a member of parliament, provincial assembly or elected member of local government including member holding any other office under constitution or any other law shall subject to sections 170 clause (a) sub section (v), 175 (h), sub section (1) of section 180, 181 and 182 may visit or address public meetings in any area or constituency during election campaign”.

The commission has issued a new code of conduct after consultation with all political parties. According to the new code, only members of parliament would be allowed to participate in the election campaign. However, public office-holders would not be permitted to participate in them.

Responding to the development, Attorney General for Pakistan Khalid Jawed Khan said the ECP could not ignore the ordinance promulgated by the president. “They [ECP] are vested with no jurisdiction to nullify its effect which can only be done by a high court or the Supreme Court,” he added.

“The ECP can regulate but neither can it nullify an ordinance, nor prohibit any activity permissible under it.”

A senior lawyer, who has expertise in election laws, said the commission had the discretion to impose a fine or issue a contempt notice to the premier.

An official in ECP told The Express Tribune that the commission had summoned a meeting on March 8 of all representatives of parliamentary political parties to discuss the new ordinance.

It is learnt that with the exception of the PTI, all parties agreed that public office-holders should not be allowed to participate in polls campaigns.

However, the parties’ representatives agreed to amend the election code of conduct to the extent that only MNAs and MPAs should be allowed to attend the campaigns.

It has been learnt that the PML-N had decided to approach high court against PM Imran for violating the ECP code of conduct.

Political analysts believe that the matter will be resolved after the court's interpretation on the new ordinance in view of the ECP objections.

Also read: Top court sets guidelines for promulgating ordinance

The ordinance is a temporary legislation. The laws related to the ECP should be consensus-oriented after taking all stakeholders into confidence. The Elections Act 2017 was enacted after holding 126 hearings.

Earlier in the day, PM Imran had reached Lower Dir despite the ECP telling him not to do so.

The prime minister has decided to bear the cost of his visits to attend public gatherings.

The PTI will not pay the expenses of his visits during the election process.

The Prime Minister's Office has issued a written directive in this connection.

The party will reimburse the expenses incurred during the visits of the premier to the national treasury, the letter read.

A copy of the letter was sent to the cabinet secretary and other officials concerned.