CEC’s proposed changes in election act given nod

ISLAMABAD:

The Parliamentary Committee on Electoral Reforms on Wednesday approved the amendments proposed by Chief Election Commissioner (CEC) Sikandar Sultan Raja, whereby the date for the polls would now be announced by the Election Commission of Pakistan (ECP) instead of the president.

The parliamentary committee approved amendments to sections 57-1 and 58 of the Election Act, 2017.

Chaired by the body’s convener Naveed Qamar, the meeting was attended by several key stakeholders including Federal Law Minister Azam Nazeer Tarar, ECP Secretary Umar Hameed and Director General Law Muhammad Arshad.

During the meeting, Qamar highlighted the ambiguity surrounding the authority of the governor and the president in matters of the election schedule.

Tarar pointed out that elections had been postponed twice before in the past, citing floods in 1988 and the assassination of former premier Benazir Benazir as reasons for the suspension of polls.

He also mentioned that three months ago, the courts had issued a six-month injunction, which complicated the election timeline.

Senator Taj Haider suggested that the commission should have the authority to announce the election date, but the president should be informed about the development to ensure transparency and accountability.

Qamar replied that the commission should schedule the elections within the framework of the Constitution, ensuring that the process was in line with the country’s legal system.

“The ECP basically has to fix the date and announce the schedule for the elections,” he added.

Senator Kamran Murtaza emphasised the importance of upholding the Constitution while making any changes in the electoral law.

He stressed upon the importance of any amendments introduced being subject to the Constitution.

He urged the committee to consider the long-term implications of their decisions and to ensure that they align with the country’s constitutional framework.

The meeting also addressed the issue of the ECP initiating contempt proceedings -- an issue that had been raised in a letter sent by the commission.

Senator Haider drew the participants’ attention to paragraph six of the commission’s letter, which focused on the issue of contempt.

The ECP secretary noted that those who had passed derogatory remarks against the CEC had not appeared in contempt cases yet.

The committee members agreed that legislation should be enacted to restore the dignity of the commission.

Haider emphasised the importance of enshrining the commission’s status in law to ensure that its independence and authority were safeguarded.

The committee subsequently approved the amendments proposed by the CEC.

Previously, Section 57-1 read: “The President shall announce the date or dates of the general elections after consultation with the [Election] Commission [of Pakistan].”

However, this has been amended to authorise the ECP to announce the date for the elections.

As for Section 58, it previously  stated: “The Commission may, at any time after the issue of the notification under sub-section (1) of that section [57-1], make such alterations in the Election Programme announced in that notification for the different stages of the election or may issue a fresh Election Programme as may, in its opinion to be recorded in writing, be necessary for the purposes of this Act: Provided that the Commission shall inform the President about any alteration in the Election Programme made under this sub-section.”

However, after the latest change, the commission will no longer have to inform the president about any alteration in the election schedule.