Power to act: With outdated laws, ROs all set to conduct fair elections
Judicial officers given special magisterial powers to deal with electoral offences.
220 judicial officers have been appointed as district returning officers, returning officers and assistant returning officers across Sindh. PHOTO: EXPRESS/FILE
KARACHI:
Accusations of cheating and bullying might have worked well in the past for the political parties who lost out in the elections, but this time around they’ll face a tough time arguing their case since the returning and presiding officers have been given legal powers to deal with all such offences.
On the request of the Election Commission of Pakistan, around 220 judicial officers have been appointed as district returning officers, returning officers and assistant returning officers to supervise the polling process for 61 National Assembly and 130 Sindh Assembly seats constituencies across Sindh.
To enable the judicial officer to perform this task efficiently, the presiding officers have been delegated special magisterial powers to deal with various electoral offences, such as cheating, harassing the candidates and voters, tempering with election material and creating disturbance.
Electoral offences
These powers have been delegated under the sections 32, 80, 82-A, 83, 84, 85, 86, 86-A, 87, 89, 90, 91, 93, 94, 95 and 96 of the Representation of Peoples Act 1976.
The legal provisions deal with the issue relating to maintenance of order at the polling stations, personation, capturing of the polling stations and polling booth, pressuring the polling staff, intimidating the voters, casting multiple votes, displaying hoardings larger than the prescribed size and disorderly conduct near the polling stations.
Representation of Peoples Act 1976, the 35-year-old law, carries nominal penalties since it has not been amended over the years, a law officer for the election commission told The Express Tribune.
According to the officer, anyone, including the returning officers and their staff, found guilty of attempting to tamper with the ballot papers, interfering with counting of votes or influencing the voters could face a jail term up to six months or fine up to Rs 1,000 - or both.
Those found guilty of breaching their official duty in connection with election would face one year imprisonment or Rs1,000 fine or both.
Powers to the police
Under section 93, police officers have been empowered to arrest without warrant any person who commits personation or has been removed by the presiding officer from the polling stations.
They have also been authorised to remove any sign, banner or flag displayed illegally.
Trial
Anyone found involved in such offences can be tried by the sessions judge. The accused, however, can later appeal before a two-judge bench of the high court.
The election commission will direct the returning officer to launch proceedings in the appropriate court against the persons, who are found guilty of tampering with ballot papers, failure to maintain secrecy, misuse of official authority to influence voters or failure to perform official duties and other offences.
Published in The Express Tribune, May 11th, 2013.
Accusations of cheating and bullying might have worked well in the past for the political parties who lost out in the elections, but this time around they’ll face a tough time arguing their case since the returning and presiding officers have been given legal powers to deal with all such offences.
On the request of the Election Commission of Pakistan, around 220 judicial officers have been appointed as district returning officers, returning officers and assistant returning officers to supervise the polling process for 61 National Assembly and 130 Sindh Assembly seats constituencies across Sindh.
To enable the judicial officer to perform this task efficiently, the presiding officers have been delegated special magisterial powers to deal with various electoral offences, such as cheating, harassing the candidates and voters, tempering with election material and creating disturbance.
Electoral offences
These powers have been delegated under the sections 32, 80, 82-A, 83, 84, 85, 86, 86-A, 87, 89, 90, 91, 93, 94, 95 and 96 of the Representation of Peoples Act 1976.
The legal provisions deal with the issue relating to maintenance of order at the polling stations, personation, capturing of the polling stations and polling booth, pressuring the polling staff, intimidating the voters, casting multiple votes, displaying hoardings larger than the prescribed size and disorderly conduct near the polling stations.
Representation of Peoples Act 1976, the 35-year-old law, carries nominal penalties since it has not been amended over the years, a law officer for the election commission told The Express Tribune.
According to the officer, anyone, including the returning officers and their staff, found guilty of attempting to tamper with the ballot papers, interfering with counting of votes or influencing the voters could face a jail term up to six months or fine up to Rs 1,000 - or both.
Those found guilty of breaching their official duty in connection with election would face one year imprisonment or Rs1,000 fine or both.
Powers to the police
Under section 93, police officers have been empowered to arrest without warrant any person who commits personation or has been removed by the presiding officer from the polling stations.
They have also been authorised to remove any sign, banner or flag displayed illegally.
Trial
Anyone found involved in such offences can be tried by the sessions judge. The accused, however, can later appeal before a two-judge bench of the high court.
The election commission will direct the returning officer to launch proceedings in the appropriate court against the persons, who are found guilty of tampering with ballot papers, failure to maintain secrecy, misuse of official authority to influence voters or failure to perform official duties and other offences.
Published in The Express Tribune, May 11th, 2013.