ECP seeks law amendment to announce poll date unilaterally

ISLAMABAD    -    The political slugfest yesterday saw another development, as Elec­tion Commission of Pa­kistan (ECP) suggested parliament to approve legislation empowering it to announce a date for the general elections.

Chief Election Com­missioner Sikandar Sul­tan Raja has demanded this legislation from the parliament as the apex court had given date for elections in Punjab.

The chief of top elec­tions body in separate letters to National Assembly Speaker Raja Pervez Ashraf and Senate Chairman Sadiq Sanjrani has put forward this demand. In his letters, the CEC said that the conduct of elec­tions is dependent upon the necessary arrangements to be made by the Commission to en­sure that the standards of hon­esty, justness and fairness pro­vided in Article 218(2) are met.

“The Commission, under the Constitution, is the sole ar­biter to decide as to whether conducive circumstances ex­ist to conduct the elections or not. This mandate is not sub­ordinate to any authority,” the letters read.

The CEC suggested amend­ments in Sections 57(1) and 58 of the Election Act (2017) and has requested for these amendments to be presented in the parliament.

In view of the facts and rea­sons stated in the letter, he asked both the NA speak­er and Senate chairman to be placed before the Parliament for adoption with the follow­ing amendments:

“Section 57(1) The Commis­sion shall announce the date or dates of the General Elec­tions by notification in the official gazette and shall call upon the constituencies to elect their representatives,” he said. He cited in a letter, “Section 58 notwithstanding anything contained in Sec­tion 57, the Commission may, at any time after the issuance of notification under sub-sec­tion (1) of that section, make such alterations in the elec­tions programme announced in that notification for the dif­ferent stages of the election or may issue a fresh election programme with fresh poll date(s) as may, in its opinion to be recorded in writing, be necessary for the purposes of this Act.”

He mentioned that the judg­ments of March 1 and April 5 have divested the ECP of its constitutional powers to de­termine as to whether con­ducive environment in facts and circumstances, exists for the conduct of polls in a giv­en time, to meet the standards mentioned in Article 218(3).

The CEC mentioned that the electoral body has consistent­ly strived to uphold the writ of law, fair play and merit in letter and spirit. However, he added that the commission’s writ has been systematically challenged on several occasions. “In prac­tice, ECP’s authority has been eroded,” he said.

He talked about the ECP’s crucial disciplinary interven­tions in the past which were stayed and set aside and gave wayward functionaries the message of hiding behind le­gal orders despite commit­ting “serious level irregu­larities in discharge of their official functions”.

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