The Islamabad High Court (IHC) on Monday stopped the Election Commission of Pakistan (ECP) from taking action against Prime Minister Imran Khan and Federal Minister for Planning and Development Asad Umar.
During the proceedings, Justice Amir Farooq presided over the case while Attorney General of Pakistan (AGP) Khalid Javed Khan also appeared before the court.
Justice Farooq questioned the AGP as to whether the ECP could repeal the ordinance.
“The Election Commission did not have the power to annul the ordinance,” the AGP replied.
The court further inquired whether the ordinance could be repealed if the Election Commission had framed a code of conduct under section 218 (3).
To this, the AGP replied that such a case was also discussed in the Supreme Court (SC).
“The prime minister could not remain impartial while attending political activities,” the AGP said. “How can a star performer be separated in the parliamentary form of government. It could not relate to our constitutional scheme.”
The AGP further argued that the PM had given written instructions that he would pay for party expenses from his own pocket.
“We have never heard of the Election Commission saying that the prime minister was barred from going to Swat,” the AGP further said.
“The prime minister and the leader of the opposition are active members of their parties. The prime minister knows that he is going to Swat. But he is getting notices in the morning and evening,” he added.
The court inquired how did the ECP come to the conclusion that the ordinance did not apply. It further said that the commission did not even consider it necessary to listen and suspended the operation of the ordinance.
“You say that the ordinance has allowed the prime minister and public office holders to participate in the election campaign,” the court questioned the ECP counsel.
The ECP counsel replied that permission was granted through an ordinance.
The court further inquired under which law did the commission amend the code of conduct. The ECP counsel prayed to the court that helicopters and government machinery were being used in the election campaign.
The court remarked that if the election campaign was operated from the national treasury then it would have implications.
Read More: ECP served notice on PM Imran’s petition
“Whether you have used the state machinery or not, the petitioner should give the answer to the Election Commission,” the court told the AGP.
The court, while instructing the ECP counsel, remarked that the impression should not be given that taking one's side should be seen as impartial.
The ECP lawyer pointed out that the Code of Conduct was violated under the K-P Local Government Act 2013.
The court called for arguments on legal points at the next hearing, and adjourned the case for April 6.
It is worth noting here that the high court had issued a notice to the commission, which sought a reply on PM Imran's petition against the notice issued to him.
Through their counsel Senator Barrister Syed Ali Zafar, the premier and the minister challenged the legality of the Code of Conduct issued by the commission, wherein it had prohibited all parliamentarians from campaigning in local bodies elections in K-P.
Barrister Zafar raised the matter that under the Constitution of Pakistan, ECP had to abide by the law, not act above it. He pointed out that under Article 187-A of the Election Act, 2017, all parliamentarians, including those who hold public offices are entitled to address gatherings during elections as long as they comply with the law, refrain from using public funds and avoid declaring any development projects.
The lawyer also pointed out that under the law, ECP is entitled to make the Code of Conduct in consultation with other political parties, but it cannot delete or change any provisions of the Election Act, 2017, rather only the parliament and courts can do this.
The petition also highlighted that ECP is neither the parliament or the court of law, therefore, it did not have any authority to declare a provision of the Election Act, 2017, contrary to the Constitution of Pakistan.
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