ISLAMABAD - The Islamabad High Court (IHC) on Monday restrained the Election Commission of Pakistan (ECP) from taking action against Prime Minister Imran Khan and Federal Minister Asad Umer for allegedly violating the election code of conduct by attending a public gathering in Lower Dir.
A single bench of IHC comprising Justice Aamer Farooq conducted hearing of the petition moved by Imran Khan and Asad challenging the ECP’s notices against them for attending a public gathering in Lower Dir and observed that the Commission could issue notices over a breach of law but could not impose fine or disqualify candidates.
During the hearing, Attorney General for Pakistan Khalid Jawed Khan adopted the stance that the Prime Minister could not remain neutral while participating in political activities. However, he added, the ECP can ensure that the Prime Minister does not announce any government’s scheme in political gatherings.
He argued that head of the state can be stopped from taking part in political activities but the head of the government cannot be barred. He said that the ECP is serving notices and imposing fine and the next step is a disqualification. He asked that how can the ECP do this.
Khalid maintained that the Prime Minister could not remain impartial while attending political activities. He said that how can a star performer be separated in the parliamentary form of government and it could not relate to the constitutional scheme of the country. He contended that the President is the head of the state and, therefore, could be stopped but the Prime Minister is the leader of a party and cannot be bound.
He informed the court that the PM had given written instructions that he would pay for party expenses from his own pocket. He added that they have never heard of the ECP saying that the Prime Minister was barred from going to Swat.
Attending public gathering in Lower Dir
Court conducts hearing of petition moved by Imran, Asad challenging ECP notices
Justice Aamer remarked that the ECP can issue a notice if found violation of the code of conduct during the election campaigns but the body does not have the authority to impose fine or disqualify anybody after the notices.
He questioned from the AGP that whether the ECP could repeal the ordinance. The AG replied that the Election Commission did not have the power to annul the ordinance.
The court inquired how did the ECP come to the conclusion that the ordinance did not apply. It further said that the commission did not even consider it necessary to listen and suspended the operation of the ordinance. The bench said to the ECP counsel that you say that the ordinance has allowed the Prime Minister and public office holders to participate in the election campaign. The ECP counsel replied that permission was granted through an ordinance.
The court asked that under which law the Election Commission amended the code of conduct. The ECP lawyer said that the code of conduct was violated under the K-P Local Government Act 2013.
The Attorney General said that the PM received notices every other day and one of them directed him to appear before the district monitoring officer in Mingora. He said that this is unlawful and only the ECP can summon the Prime Minister.
Later, the court directed to present arguments on legal points on the next hearing and deferred the hearing till April 6.
It was March 11 when the ECP had issued notices to the Prime Minister and several other PTI leaders for attending a public gathering in Lower Dir. Both petitioners moved the IHC against the notices and prayed to the court to nullify the same.
On the last hearing, petitioners’ counsel Barrister Ali Zafar informed the IHC bench that on February 19, Elections (Amendment) Ordinance 2022 had been promulgated that allowed public officeholders to partake in election campaigns.
In their petition moved through Syed Ali Zafar Advocate, they raised different questions of law involved in this case including whether the ECP can amend and nullify the provisions of Elections Act, 2017 by issuing a Code of Conduct of elections, whether in case of conflict, the provisions of the Elections Act, 2017, overrule any provisions of the Code of Conduct, whether the Commission has power to legislate under the Constitution, whether the Commission has power to declare a provision of Elections Act, 2017 as ultra vires and void of the Constitution and whether the Commission is hound by the law namely the Elections Act 2017 and require to follow it in letter and spirit?
A single bench of IHC comprising Justice Aamer Farooq conducted hearing of the petition moved by Imran Khan and Asad challenging the ECP’s notices against them for attending a public gathering in Lower Dir and observed that the Commission could issue notices over a breach of law but could not impose fine or disqualify candidates.
During the hearing, Attorney General for Pakistan Khalid Jawed Khan adopted the stance that the Prime Minister could not remain neutral while participating in political activities. However, he added, the ECP can ensure that the Prime Minister does not announce any government’s scheme in political gatherings.
He argued that head of the state can be stopped from taking part in political activities but the head of the government cannot be barred. He said that the ECP is serving notices and imposing fine and the next step is a disqualification. He asked that how can the ECP do this.
Khalid maintained that the Prime Minister could not remain impartial while attending political activities. He said that how can a star performer be separated in the parliamentary form of government and it could not relate to the constitutional scheme of the country. He contended that the President is the head of the state and, therefore, could be stopped but the Prime Minister is the leader of a party and cannot be bound.
He informed the court that the PM had given written instructions that he would pay for party expenses from his own pocket. He added that they have never heard of the ECP saying that the Prime Minister was barred from going to Swat.
Attending public gathering in Lower Dir
Court conducts hearing of petition moved by Imran, Asad challenging ECP notices
Justice Aamer remarked that the ECP can issue a notice if found violation of the code of conduct during the election campaigns but the body does not have the authority to impose fine or disqualify anybody after the notices.
He questioned from the AGP that whether the ECP could repeal the ordinance. The AG replied that the Election Commission did not have the power to annul the ordinance.
The court inquired how did the ECP come to the conclusion that the ordinance did not apply. It further said that the commission did not even consider it necessary to listen and suspended the operation of the ordinance. The bench said to the ECP counsel that you say that the ordinance has allowed the Prime Minister and public office holders to participate in the election campaign. The ECP counsel replied that permission was granted through an ordinance.
The court asked that under which law the Election Commission amended the code of conduct. The ECP lawyer said that the code of conduct was violated under the K-P Local Government Act 2013.
The Attorney General said that the PM received notices every other day and one of them directed him to appear before the district monitoring officer in Mingora. He said that this is unlawful and only the ECP can summon the Prime Minister.
Later, the court directed to present arguments on legal points on the next hearing and deferred the hearing till April 6.
It was March 11 when the ECP had issued notices to the Prime Minister and several other PTI leaders for attending a public gathering in Lower Dir. Both petitioners moved the IHC against the notices and prayed to the court to nullify the same.
On the last hearing, petitioners’ counsel Barrister Ali Zafar informed the IHC bench that on February 19, Elections (Amendment) Ordinance 2022 had been promulgated that allowed public officeholders to partake in election campaigns.
In their petition moved through Syed Ali Zafar Advocate, they raised different questions of law involved in this case including whether the ECP can amend and nullify the provisions of Elections Act, 2017 by issuing a Code of Conduct of elections, whether in case of conflict, the provisions of the Elections Act, 2017, overrule any provisions of the Code of Conduct, whether the Commission has power to legislate under the Constitution, whether the Commission has power to declare a provision of Elections Act, 2017 as ultra vires and void of the Constitution and whether the Commission is hound by the law namely the Elections Act 2017 and require to follow it in letter and spirit?
