Guidelines issued for caretaker govts

As caretaker governments take the reins and the National Assembly and provincial assemblies stand dissolved, the Election Commission of Pakistan (ECP) on Tuesday issued guidelines for interim setups to ensure that the upcoming elections are held in a fair and lawful manner.

The ECP, with its constitutional duty to organise and conduct elections honestly, has issued a set of guidelines for the caretaker governments to assist the electoral watchdog in ensuring that the upcoming elections are held in accordance with the law.

The guidelines come as the nation gears up for anticipated elections with an unprecedently empowered caretaker government taking the reins. According to constitutional provisions, if the assembly successfully completes its tenure, elections must be held within 60 days.

However, due to the premature dissolution, observers say the crucial period stretching to a period of 90 days is now an almost unavoidable reality. Moreover, the approval of the results of the digital census now necessitates the ECP to conduct the delimitation process anew.

In its notification on Tuesday, the ECP further instructed interim setups at the Centre and in provinces to assist the ECP in holding transparent elections and ensuring a level playing field for all candidates and political parties.

It stated that the ECP is “mandated with the constitutional duty to organise and conduct elections in terms of Article 218(3) of the Constitution and to make such arrangements as are necessary to ensure that the elections are conducted honestly, justly, fairly and in accordance with the law and that corrupt practices are guarded against”.

The commission called upon interim governments to ensure compliance with the provisions outlined in Section 230(1)(b) of the Elections Act, 2017.

Furthermore, the ECP emphasised the importance of adhering to all notifications, directives, and provisions stated in Section 230 of the election law. This particular section focuses on the functions of caretaker governments during the election period.

Recently, Section 230 of the law sparked vigorous debate in the parliament when an amendment was proposed to grant additional powers to caretaker governments.

Moreover, in order to ensure transparency and fairness, the ECP has directed the caretaker governments not to post or transfer any public official without prior approval.

Recruitment in government institutions, except by federal and provincial public service commissions, has been banned without the ECP's approval.

“… ensure that all kinds of recruitments in any ministry, division, department or institution under the federal, provincial and local government[s] are banned with immediate effect, except with the prior approval of the ECP and except recruitments by the federal and provincial public service commissions and those government organisations where test/ interviews have already been conducted before this day,” the notification read.

Furthermore, the caretaker setups are prohibited from announcing new development schemes and issuing tenders until the end of general elections, except with the ECP's prior approval.

Local government institutions and cantonment boards' development funds for new schemes will be frozen until the announcement of election results, with exceptions for any vital scheme, which can be referred to the ECP.

The caretaker governments have also been instructed to terminate the services of heads of institutions appointed on a political basis and submit their cases to the ECP for approval.

Former prime minister, chief ministers, ministers, and members of dissolved assemblies are required to vacate residential facilities and return official vehicles.

Cautions against influencing polls

Moreover, the caretaker governments are expected to perform their functions in accordance with the law and not attempt to influence the elections in any manner. They may take actions or decisions regarding existing bilateral or multilateral agreements and ongoing projects but must inform the ECP.

“The caretaker governments shall not attempt to influence the elections or do or cause to be done anything which may, in any manner, influence or adversely affect free and fair elections,” the notification reads.

It added that “the caretaker governments, being non-political entities can take actions or decisions regarding existing bilateral or multilateral agreements or the projects already initiated under the Public Private Partnership Authority Act, 2017, the Inter-Governmental Commercial Transactions Act, 2022 and the Privatisation Commission Ordinance, 2000 under intimation to the [election] commission”.

Additionally, caretaker prime minister, chief ministers, ministers, and other members of caretaker governments are required to submit a statement of assets and liabilities of their spouse and dependent children within three days of assuming office.