LHC allows lawmakers by-poll electioneering
Justice Ayesha A Malik suspended the notification, allowing parliamentarians to participate in the campaigns
A file photo of ballot boxes used during elections. PHOTO: EXPRESS
LAHORE:
The Lahore High Court suspended on Wednesday a notification of the Election Commission of Pakistan that barred lawmakers from participating in campaigns for the upcoming by-elections. Justice Ayesha A Malik of the LHC issued the order on a petition filed by Pakistan Tehreek-e-Insaf MPA Shoaib Siddiq, who had challenged the notification.
The petitioner, through his counsels Hamid Khan and Advocate Ahmed Awais,
submitted that PTI Chairman Imran Khan was a member of the National Assembly but due to ECP’s ban, he could not visit any political constituency, where by-elections were scheduled for October 11.
“It is integral to an electoral campaign that party leaders visit constituencies, address electorates and meet party workers,” the petition said. “However, ECP’s notification has stifled the electioneering plans of the party by curbing its political activism, which is a core value of any parliamentary democracy,” it said.
The petitioner claimed that the impugned notification was in sheer violation of fundamental rights and norms of democracy as “this restriction is unconstitutional and offends fundamental rights.”
After hearing the arguments, Justice Ayesha A Malik suspended the notification, allowing parliamentarians to participate in the campaigns, and adjourned the hearing for two weeks.
The ECP on September 16 issued a notification with regard to the by-polls in National Assembly constituencies NA-122 (Lahore V) and NA-154 (Lodhran I) and Punjab Assembly constituency PP-16 (Attock-II).
The notification said that after the issuance of the schedule of by-elections, “the president, prime minister, chairman/deputy chairman Senate, speakers of assemblies, federal ministers, ministers of state, governor, chief minister, provincial ministers and advisers to the PM and the CM, members of the national and provincial assemblies and the other public officeholders” will not visit the constituencies.
“Nor [they] shall openly or in secret give any subscription or donation or make promise for giving such subscription or donation to any institution of a constituency, nor shall inaugurate, commit to undertake or announce any development project herein for the advancement of the campaign of a candidate of his choice and thereby influence the result of election,” it said.
Published in The Express Tribune, September 24th, 2015.
The Lahore High Court suspended on Wednesday a notification of the Election Commission of Pakistan that barred lawmakers from participating in campaigns for the upcoming by-elections. Justice Ayesha A Malik of the LHC issued the order on a petition filed by Pakistan Tehreek-e-Insaf MPA Shoaib Siddiq, who had challenged the notification.
The petitioner, through his counsels Hamid Khan and Advocate Ahmed Awais,
submitted that PTI Chairman Imran Khan was a member of the National Assembly but due to ECP’s ban, he could not visit any political constituency, where by-elections were scheduled for October 11.
“It is integral to an electoral campaign that party leaders visit constituencies, address electorates and meet party workers,” the petition said. “However, ECP’s notification has stifled the electioneering plans of the party by curbing its political activism, which is a core value of any parliamentary democracy,” it said.
The petitioner claimed that the impugned notification was in sheer violation of fundamental rights and norms of democracy as “this restriction is unconstitutional and offends fundamental rights.”
After hearing the arguments, Justice Ayesha A Malik suspended the notification, allowing parliamentarians to participate in the campaigns, and adjourned the hearing for two weeks.
The ECP on September 16 issued a notification with regard to the by-polls in National Assembly constituencies NA-122 (Lahore V) and NA-154 (Lodhran I) and Punjab Assembly constituency PP-16 (Attock-II).
The notification said that after the issuance of the schedule of by-elections, “the president, prime minister, chairman/deputy chairman Senate, speakers of assemblies, federal ministers, ministers of state, governor, chief minister, provincial ministers and advisers to the PM and the CM, members of the national and provincial assemblies and the other public officeholders” will not visit the constituencies.
“Nor [they] shall openly or in secret give any subscription or donation or make promise for giving such subscription or donation to any institution of a constituency, nor shall inaugurate, commit to undertake or announce any development project herein for the advancement of the campaign of a candidate of his choice and thereby influence the result of election,” it said.
Published in The Express Tribune, September 24th, 2015.