Non-compliant legislators: ECP shies away from suspending violators

September 30 deadline to submit details of assets long past.

ISLAMABAD:

The law empowers Election Commission of Pakistan (ECP) to take action against lawmakers who fail to declare their assets but the commission seems to have abdicated this authority voluntarily.

According to the Representation of People Act (RPA), 1976, every elected representative must declare her/his assets’ details every year by September 30. The law stipulates October 15 as last date for the ECP to notify the violators and stop them from working as lawmakers.

The clause 42A of the RPA is very clear: “The Commission [ECP] shall, by the fifteenth day of October each year, notify the names of the members who fail to file Statements of Assets & Liabilities within the period specified in sub-section (1) and by an order, direct that such member shall cease to function till such statement is submitted.”



The commission is empowered to stop violators from working anytime after September 30. October 15 is the last date to do so, under the law. However, the ECP has never in its history tried to enforce this law –encouraging lawmakers to violate the law with impunity.

According to the data available with The Express Tribune, a total of 71 lawmakers did not submit their financial details till Monday. These lawmakers include four senators, 19 National Assembly members, 9 Punjab Assembly members, 11 Sindh Assembly members, 22 Khyber-Pakhtunkhwa (K-P) Assembly members and six Balochistan Assembly members.



Among them are some prominent names from treasury and opposition benches, in the national and provincial legislatures.

When asked to comment on this non-exercise of authority, an ECP official gave an unconvincing reply: “We will take action after Eidul Azha.”

The law says: “Where a member submits the statements of assets and liabilities under Sub-Section (1) which is found to be false in material particulars, he may be proceeded against under Section 82 for committing the offence of corrupts practice.”

However, the ECP has never verified any statement the legislators submit about his/her assets.

A close look at financial details of most of the mainstream parties over the years shows that with the amount shown in their bank account they cannot hold a single public rally, leave aside running a political outfit.

Another legal provision that is widely violated due to the ECP’s passivity is the limit of expenses for running an election campaign. Under the law, a candidate running for National Assembly seat can spend up to Rs1.5 million on electioneering.

Published in The Express Tribune, October 15^th, 2013.