ECP declares changes in election law ‘illegal’

Commission says Section 181 (A) contradictory to Section 233 of the law

ISLAMABAD:

The Election Commission of Pakistan (ECP) on Saturday declared the amendments made to the Election Act, 2017 as “illegal”.

It notified that Section 181 (A) inserted by the government in the law was contradictory to its Section 233.

It added that amending the law was against transparency and giving equal opportunities to all candidates.

The commission retained the ban on the prime minister, chief ministers, governors, federal ministers and PM’s aides from participating in election campaigns.

However, it added that members of parliament and senators would be conditionally allowed to take part in campaigns.

“The members of parliament participating in election campaigns will abide by the rules, as per the code of conduct.”

The ECP further said elected local government representatives would also be able to participate in election campaigns under the rules.

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The commission notified that political parties were consulted after the promulgation of the ordinance and it was the mandate of the ECP to formulate an election code of conduct. “The amended ordinance was issued keeping in view the mandate of the ECP.”

The recently added Section 181 (A) “allows a member of parliament, provincial assembly or elected member of local government, including member holding any other office under the constitution or any other law, to visit or address public meetings in any area or constituency”.

Section 233 of the Act reads: “The commission shall, in consultation with political parties, frame a code of conduct for political parties, contesting candidates, election agents and polling agents. The commission shall also frame a code of conduct for security personnel, media and election observers. A political party, a candidate, an election agent, a polling agent, security personnel, media and an observer shall follow the code of conduct during an election.”

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

The huddle was chaired by Chief Election Commissioner Sikandar Sultan Raja.

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

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

Later, the commission had issued a revised code of conduct.

“The public office holders, including president, prime minister, chairman and deputy chairman of the Senate, speaker and deputy speaker of any assembly, federal minister, minister of state, governors, chief ministers, provincial ministers and advisers to the prime minister and the mayors, chairman, nazim, their deputies, shall not participate in any manner whatsoever. However… members of the National Assembly, provincial assembly and Senate are allowed to participate in the election campaign [provided they] abide by the code of conduct,” according to the revised guidelines.