LHC nullifies ECP ban on parliamentarians from by-poll campaigning

ECP notification was challenged as a 'violation of fundamental rights and norms of democracy'

LAHORE: The Lahore High Court (LHC) suspended on Wednesday a notification of the Election Commission of Pakistan (ECP) which barred members of the national and provincial assemblies from participating in election campaigns for by-elections being held in various vacant constituencies.

Justice Ayesha A Malik of the LHC heard arguments on a petition filed by the Pakistan Tehreek-e-Insaf (PTI), challenging the notification, following which she suspended the notification, allowing parliamentarians to participate in the campaigns.

Read: No electioneering in NA-122: Imran to challenge ECP move in LHC

PTI’s MPA Shoaib Siddique in his petition submitted that the impugned notification was in sheer violation of fundamental rights and norms of democracy.

The petitioner, through his counsels Hamid Khan and Advocate Ahmed Awais, further submitted that PTI chairman Imran Khan was a member of the National Assembly and by virtue of the ban could not visit the area of any political constituency, where the by-elections were being held. He added that it was integral to an electoral campaign that the party leaders visit constituencies, address electorates and meet party workers.

The petitioner went on to say that the ECP’s notification stifled the electioneering plans of the party by curbing its political activism, which was a core value of any parliamentary democracy.

He argued that the impugned notification to the extent of this restriction was unconstitutional and offended fundamental rights, requesting the court to strike down the code announced by the ECP for being unconstitutional.

On September 16, the country’s top electoral body had barred all parliamentarians from visiting and taking part in by-election campaigns in NA-122 Lahore and NA-154 Lodhran, where tough competition is expected between the PTI and the ruling Pakistan Muslim League-Nawaz (PML-N). The ECP in a notification had directed all members of the Parliament, as well as provincial assemblies not to visit constituencies where by-elections are scheduled. Elections in both constituencies would take place on October 11.

Read: ECP bars parliamentarians from visiting by-poll constituencies

The coveted NA-122, Lahore, seat fell vacant after an election tribunal, in its verdict on August 22, found irregularities in the 2013 general elections, ultimately causing Sadiq, the former National Assembly speaker, to step down.

Similarly, the NA-154, Lodhran, seat was vacated after the disqualification of PML-N’s MNA Siddique Baloch on a petition filed by PTI’s Jehangir Tareen over alleged rigging in the general elections.