ELECTION COMMISSION OF PAKISTAN
Mr. Justice Mian Shakirullah Jan, Hon’ble Acting Chief Election Commissioner of Pakistan, immediately after taking oath on 24th March, 2012, took serious notice of alleged irregularities in preparation of Electoral Rolls as reported in TV Channels and upon his kind directions, an emergent meeting of the Election Commission was held with NADRA and Population Census Organization Peshawar under the Chairmanship of Hon’ble Acting CEC and attended by Hon’ble Members of the ECP. This meeting was, in fact, proved to be a roadmap for the completion and preparation of transparent, accurate and error-free electoral rolls as strict directions were issued to all concerned that extra efforts were required for completion of this gigantic national task.
The Hon’ble Acting CEC, while welcoming the criticism of all segment of society, directed all the Provincial Election Commissioners (PECs) to maintain a Daily Progress Report with regard to receipt of complaints, its redressel and submission of a proposal for redressal of unaddressed complaints to the Election Commission Secretariat. He also directed the Secretary ECP to have daily meetings with NADRA with regard to redressal of complaints and progress made in this connection so that the error-free and credible final Electoral Rolls could be prepared well-in-time.
ESTABLISHMENT OF COORDINATION CELL
Keeping in view the importance of the preparation of error-free and credible Electoral Rolls, the Hon’ble Acting CEC, Mr. Justice Mian Shahkirullah Jan presided over a meeting of the Election Commission of Pakistan on 7th April 2012 to ensure preparation of credible electoral rolls and to remove different kind of anomalies. After thorough deliberation, the Acting CEC constituted a Coordination Cell under the supervision of Syed Sher Afgan, Director General (Elections) to remain in touch with the NADRA and all the four PECs for probing out any discrepancy and its immediate redressal.
The Coordination Cell, in the light of the complaints received regarding irregularities in the Electoral Rolls of District Loralai, Kachhi and Killa Abdullah of Balochistan Province where attempts were made to illegally register voters from across the country to specific areas of these districts by filling thousands of fake forms, did a hectic job throughout the period and settled already identified issues in respect of these districts.
In the same manner, different complaints were also received regarding Karachi Division and the Hon’ble Acting CEC having acquainted with the critical situation of electoral rolls of Karachi, constituted a complaint cell for the resolution of complaints with PEC, Punjab as its in-charge on 5th May, 2012. The PEC, Punjab probed into the matter professionally and all the matters were resolved to the satisfaction of all stakeholders in Karachi Division.
To resolve all such complaints in a more effective manner, the Hon’ble Acting CEC also ordered for invoking technical assistance of NADRA and at a result, thousands of fake forms were nullified and strict action was also ordered against twenty offenders involved in filling fake forms and complaints under Section-468 and 471 of Pakistan Penal Code were filed in courts. This step will certainly help make error-free electoral rolls in future.
It is also pertinent to mention here that, for the first time in the history of ECP, these computerized electoral rolls are being published with a further plan of having photographs and a column of thumb impression. The Electoral Rolls with photographs will be used at the time of election by the presiding officers only while the remaining required number of sets will be used by the polling agents, political parties and general public etc. In addition, there will be an exclusive column of thumb impression in the Electoral Rolls and the presiding officer will duly obtain thumb impression of voters in digitized ink on the electoral rolls at the time of casting votes. In this manner, the inclusion of photograph and thumb impression column at the Electoral Rolls will serve as a deterrent against any illegal activity by any individual as well as could be used as forensic evidence in case of any election dispute. This will ensure one person, one vote and will exclude completely the possibility of one person, multiple votes.
In order to ensure the accuracy of electoral rolls, the Hon’ble Acting Chief Election Commissioner also met with number of political leaders, on their requests, to have their suggestions.
CONSULTATIVE MEETING WITH REGISTRATION OFFICERS
The Hon’ble ACEC, called a consultative rather interactive meeting in Islamabad on
30th April, 2012 which was attended by all PECs, Officers from ECP Secretariat, Chairman NADRA, Chief Census Commissioner and Registration Officers (REC/DEC) of whole country. This meeting can be termed as a milestone in the history of preparation of electoral rolls. In the context of proceedings of this consultative meeting, the DECs of each district visited the NADRA headquarters Islamabad and thoroughly ascertained the status of electoral rolls of their respective jurisdiction and issued certificate of acceptance for the printing of Final Electoral Rolls-2012 (FER).
INCLUSION OF YOUTH VOTERS IN THE ELECTORAL ROLLS
Being aware of the sanctity of fundamental right of franchise and realizing the importance of youth, the Hon’ble Acting CEC induced and accelerated the proceeding for inclusion of 1.58 million fresh Computerized National Identity Card (CNIC) holders in the Final Electoral Rolls (FER), who were not included in Preliminary Electoral Rolls (PER). In this regard, the physical verification of these potential voters was carried out in the month of June, 2012 and the verified voters were incorporated in the Final Electoral Rolls (FER). This step enhanced the inclusiveness of the electoral rolls manifold. This process will be kept continued after launching the process under section 18 of the Electoral Roll Act 1974 and till the announcement of election schedule.
HON’BLE MEMBERS OF THE ECP TO VISIT THEIR RESPECTIVE PROVINCES
In order to review the progress on the preparation of Electoral Rolls and abnormal increase or decrease, anomalies and errors in the preliminary Electoral Rolls, a meeting of the ECP was held under the Chairmanship of Mr. Justice Mian Shakirullah Jan, Hon’ble Acting Chief Election Commissioner of Pakistan and attended by the learned Members Election Commission (MECs), General Manager NADRA and other senior officials of the ECP. It was decided that the learned members of the ECP would visit their respective Provinces from 17th to 22nd April, 2012, to expedite, supervise and monitor the work relating to revision of Electoral Rolls.
ACTING CEC VISITED NADRA HQ’s IN ORDER TO EXPEDITE THE REVISION OF ELECTORAL ROLLS
Mr. Justice Mian Shakirullah Jan, Hon’ble Acting CEC visited NADRA Headquarters for several times to see the process of revision of the electoral rolls being carried out by the ECP in collaboration with NADRA. His lordship observed the process of scanning of Forms received by NADRA from ECP’s field offices as well as the data-entry thereof. The Hon’ble Acting CEC emphasized upon the need to expedite the process of data-entry of aforesaid Forms, etc. so as to enable the ECP to finally publish the electoral rolls within the shortest possible time in compliance with the orders of the Apex Court.
PRINTING OF FINAL ELECTORAL ROLLS
After taking all the above stated steps for successful finalization of error-free and credible Electoral Rolls, a meeting of the ECP was held under the chairmanship of Hon’ble ACEC on 9th July, 2012, wherein, the ECP directed NADRA to start printing of Final Electoral Rolls (FER). The NADRA started printing of FER on 12th July, 2012 and according to NADRA, printing process will be completed by 24th July 2012 while dispatching will be completed by 25th July 2012. The process under Section 18 of the Electoral Roll Act, 1974 will be initiated after direction of ECP by the end of this month.
Following is the break-up Final Electoral Rolls:
Province
Male
Female
Total
Balochistan
1,886,235
1,391,929
3,278,164
FATA
1,120,736
555,231
1,675,697
Islamabad
325,795
279,007
604,802
KPK
6,929,105
5,135,492
12,064,597
Punjab
27,297,361
21,011,283
48,308,644
Sindh
10,214,460
8,218,417
18,432,877
Total
47,773,692
36,591,359
84,365,051
BRIEF ON BYE-ELECTIONS
The Hon’ble Acting CEC, taking keen interest in ensuring just, honest and credible bye-election, personally visited all the constituencies where bye-elections were going to be held and met with all the contesting candidates in order to know their problems and issued necessary directions on the spot. Meetings were also held with the local administration, police authorities for making necessary arrangements about law and order and the Hon’ble Acting CEC stressed for providing congenial atmosphere to all the contesting candidates and voters in their respective constituencies. He also met with the DROs, ROs and other polling staff and visited different Polling Stations in all the said constituencies to see the arrangement for holding bye-elections.
Following are the dates of his visit to these six constituencies:
1.
PP-194 Multan-I
on 21-4-2012
2.
PP-243 D.G.Khan-IV
on 22-4-2012
3.
PP-245 D.G.Khan-VI
on 22-4-2012
4.
PS-83 Sanghar-VI
on 23-4-2012
(At the time of second bye-election after disqualification of Waheeda Shah by the ECP. Now has been stayed by the Sindh High Court)
5.
PS-53 Tando Muhammad Khan
on 24-4-2012
6.
NA-151 Multan-IV
on 18-7-2012
The Hon’ble Acting CEC issued directives for holding the said bye-elections in a transparent, impartial and free environment as it is the Constitutional duty of ECP to organize and conduct elections honestly, justly, fairly and in accordance with law and to guard against any corrupt practice. Moreover, as envisaged under Article 220 of the Constitution, it is the duty of all executive authorities in the Federation and Provinces to assist the Commission in the discharge of its duties. The ECP issued the following Directive to the Executive Authorities, for compliance, in respect of bye-elections in the aforesaid constituencies, from time to time:
“(i)
The executive authorities in the Federation and in the Provinces shall not use State resources anywhere in Pakistan for unfair advantage of a particular candidate or political party nor exercise undue influence affecting the interest of a candidate or party for participating in any election to be held hereinafter;
(ii)
If any person in the service of Pakistan misuses his official position in any manner calculated to influence the result of the election, he may be tried by a Court of Sessions as contemplated under Section 95 of the Representation of the People Act, 1976 and, if found guilty of the offence, may be punished with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees, or with both under Section 92 of the Act;
(iii)
Bulk transfers/postings of the civil servants shall not be made after the issuance of Schedule of an election till the completion thereof;
(iv)
Individual transfers/postings of civil servants shall also not be made after the issuance of Schedule of an election except under exceptional circumstances, in exigency of service and in public interest, with prior approval of the Election Commission.
(v)
After the issuance of Schedule of an election, the Prime Minister, Chief Minister, Federal Ministers, State Ministers, Advisors to the President and the Prime Minister, Provincial Ministers and Advisors to the Chief Ministers will neither visit the area of any constituency where an election is being held nor 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 therein for the advancement of the campaign of a candidate of his choice and thereby influence the results of that election.
(vi)
The Prime Minister, Chief Ministers, Federal Ministers, State Ministers, Advisors to the President and the Prime Minister, Provincial Ministers and Advisors to the Chief Ministers or any person on their behalf shall not visit the Constituency or a polling station after the issuance of Schedule of an election till the completion of poll.
(vii)
If any of the public office holders mentioned in para (v) and (vi) above is found to have misused his official position to influence the result of an election in any manner whatsoever, legal action shall be taken against such person in accordance with law under section 103A of the Representation of the People Act, 1976, relating to contempt proceedings.”
D.G. KHAN’S BYE-ELECTIONS
During bye-elections in D.G. Khan, upon reports by some TV Channels that a large scale malpractices, including coercion, intimidation and pressures in some polling stations of the constituency No.PP-243 DG Khan-IV have occurred during polling process on 07-05-2012, the ECP, under the chairmanship of Hon’ble Acting CEC, being of the prima facie view that some violation has taken place during polls in the constituency, directed the Returning Officer to stop consolidation of the result till further orders. The Commission further directed that the DRO, RO and Presiding Officers of the polling stations where alleged incidents have taken place, shall submit their detailed separate reports as to alleged commission of malpractices.
The ECP also took notice of the failure of the local administration in making proper security arrangements for the conduct of said bye-election in Constituency No. 243 DG Khan-IV as well as failure of police in maintaining law and order situation therein, which resulted into commission of malpractices at some of the polling stations, as reported by the Provincial Election Commissioner, Punjab and District Returning Officer, D.G. Khan. The Commission also noted that the services of Punjab Rangers were not utilized effectively to control the worsening law and order situation. The ECP, therefore, called for separate comments of the Commissioner, RPO, DCO and DPO of District DG Khan so as to reach this Commission by 14th May, 2012. The Chief Secretary and Provincial Police Officer Punjab were also asked to comment on the aforesaid happening and for fixing responsibility on those who had been negligent in the performance of their official duties on the day of Poll in the said constituency.
Later on, the Election Commission of Pakistan, in the chairmanship of Hon’ble Acting CEC, Mr. Justice Mian Shakirullah Jan, after hearing all the stake holders, decided to resume consolidation of result in PP-243 D.G. Khan which was stopped by the ECP at a result of suo moto notice due to alleged malpractices, reported by media, at various polling stations in the said constituency.
ACTING CEC REVIEWED ARRANGEMENTS FOR EVM’s MOCK-POLL
As a landmark step in the history of Pakistan, the Hon’ble Acting CEC, Mr. Justice Mian Shakirullah Jan giving great significance to the introduction of Electronic Voting Machine (EVM), ordered for arranging a mock-poll test in Constituency No. PP-194 Multan to get the feedback of the voters using latest technology, after conducting two meetings with the vendors. His lordship ordered that at some of the polling stations, Electronic Voting Machines (EVMs) will be test-run/mock-tested and in that regard also directed that extra care will be taken to avoid any confusion amongst the voters while casting votes through EVMs. His lordship further directed that dummy names of candidates and dummy symbols will be used in EVMs and such mock-poll will have no effect on the actual results of the poll. The voters participated with excitement and the response of the public was mix with various observations. The general public was mostly in favour of a simple and user’s friendly machine rather than a sophisticated one.
IMPLEMENTATION OF SUPREME COURT’S VERDICT IN LETTER AND SPIRIT AND ESTABLISHMENT OF STEERING COMMITTEE FOR FINALIZATION OF RECOMMENDATIONS
In the light of Judgment of the Apex Court dated 8th June, 2012 passed in Constitution Petition No. 87 of 2011 (Workers Party Pakistan v. Federation of Pakistan, etc.) regarding the regulations of election campaign expenses, issuing of perchies to voters, setting up polling stations, camps near polling stations, etc. , the Hon’ble Acting Chief Election Commissioner of Pakistan, Mr. Justice Mian Shakirullah Jan presided over a meeting of the Election Commission wherein the Judgment of the Apex Court was considered meticulously so as to implement the same in letter and spirit keeping in view Article 189 read with 190 of the Constitution of Pakistan, 1973 providing for acting in aid of Supreme Court and binding nature of the Supreme Court Judgment. The observations, declarations and directions contained in the last two concluding paras of the Apex Court’s judgment are reproduced hereunder for reference:
“80. In the light of the above discussion, the titled petition is disposed of with the following observations, declarations and directions: -
(1) The freedom of association, as enunciated by Article 17 of the Constitution, confers a Fundamental right on every individual to partake in the political governance of the State, whilst concurrently reinforcing the constitutional mandate to protect and advance this right through a democratic system. The ‘freedom of assembly’ (Article 16) and ‘freedom of speech’ (Article 19) also serve to realize this constitutional imperative;
(2) By guaranteeing the observance of ‘principles of democracy’ in Pakistan and mandating that the “State shall exercise its powers and authority through the chosen representatives of the people”, the Constitution of Pakistan instructs that the authority to govern be exercised by and through a representative and democratic government. The conferment of this authority has been framed with an ardent dedication ‘to the preservation of democracy’ and, therefore, encapsulates it as one of its core values. By establishing and enumerating the powers and manner in which the legislature is to function, Part II and III of the Constitution cement ‘democracy’ as the chosen system of the people and a fundamental constitutional dictate;
(3) The Constitution of Pakistan mandates the Election Commission to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against, but unfortunately the said mandate has not been properly fulfilled in the past;
(4) The Representation of the People Act, 1976 vests the Election Commission with the responsibilities and powers to, inter alia, regulate election expenses, provide for offences, penalties and procedures in case of breach of conditions relating thereto, resolve all election disputes, declare the election void, etc. The constitutional requirement to hold elections fairly, freely, honestly, justly and in accordance with law obligates the Election Commission to exercise all powers vested in it to the best of standards and norms;
(5) All public power is a sacred trust, which is to be exercised fairly, justly, honestly and in accordance with law; and wherever any discretionary power is vested in a public authority or functionary, that too, is to be exercised to achieve the goal of fair, free, honest and just discharge of this sacred trust; and
(6) The impugned election practices and processes are cognizable by the Election Commission and are required to be dealt with in accordance with the Constitution and the law; therefore, the constitutionality or otherwise of the election laws is not a relevant question in the present proceedings, rather strict implementation is called for.
81. In pursuance of the above, we hold and direct as under: -
(a) All the election laws be strictly implemented by the Election Commission in the discharge of its constitutional mandate under Article 218(3) of the Constitution, Representation of the People Act and other laws/rules;
(b) The Election Commission is empowered to check not just illegal actions relating to the election (violating the limits set for campaign finance, etc.) or corrupt practices (bribery, etc.), but is also empowered to review all election activities, including Jalsas, Jaloos, use of loudspeakers, etc. for their effects on the standards of ‘fairness, justness and honesty’ that elections are expected to meet. The Election Commission is also empowered to take preemptive measures to ensure that the spirit of democracy and ‘fairness, justness and honesty’ of elections is fully observed. The Election Commission is, therefore, directed to take all necessary steps to ensure the same;
(c) The Election Commission must undertake monitoring of the election expenses from the day the holding of election is notified. A candidate must account for all the expenses immediately after the election is over. The Declaration Form should include the following further declarations: -
(i) To meet election expenses, I have opened account No.______________ with _____________________ [name & branch of a scheduled bank] and deposited therein the amount permissible for election expenses.
(ii) All election expenditure shall be made out of the money already deposited in the aforesaid account.
(iii) No transaction towards the election expenses shall be made through an account other than the above account. [Copy of bank statement will be annexed with the Return.];
(d) The Election Commission must hold meetings with the candidates and apprise them of the relevant laws/rules, receive from them statements of expenses on weekly basis by engaging election staff and carry out inspection at random at different places. All transactions relating to election expenses should be entered into with GST registered firms/persons;
(e) To facilitate the voters, the number of polling stations may be increased appropriately throughout the country so that the polling stations are not at a distance of more than two kilometres from the place of residence of voters. In this behalf, the Election Commission may take into consideration the suggestions made at the bar, including the provision of official transport to the voters, but in no case, shall it allow the candidates to hire/use private transport on Election Day. Where arrangement for transport is made by the Election Commission, the routes of such transport should be widely advertised in the print and electronic media for information of the general public; (f) As regards the handing over of Perchis to the voters at election camps, the Election Commission must take steps to provide the requisite information to the voters by other means as discussed hereinabove. Therefore, to ensure strict compliance with section 84 of Representation of the People Act, 1976 in letter and in spirit, establishing of camps near the polling stations should be banned forthwith. The Election Commission may manage to dispatch extracts from the voters’ list in the name of one or more persons living in a house at least 7 days before the polling day by post, or to save the postage by annexing such extracts with any of the utility bill;
(g) Only such election campaign activities ought to be permitted, which on the one hand fulfil the purpose of the election campaign, and on the other are within the reach of the common man. The petitioners have recommended certain activities, namely, door-to-door campaign, manifesto, canvassing on State television and radio, and candidate – voter interaction/debates, etc. ROPA and other relevant laws have held these activities to be permissible in the eyes of the law. These, therefore, ought to be encouraged by Election Commission on the basis of their merit;
(h) To ensure fair and transparent election, if need be, instead of involving the employees of the Provincial Governments, the employees of Federal Government/autonomous organizations/agencies, including the armed and para-armed forces may be instructed to carry out stipulated functions at the polling stations;
(i) As regards the introduction of computerized balloting, it is informed that the Election Commission has already undertaken work on it. We, therefore, expect that effective steps will be taken in this regard at an appropriate time;
(j) To achieve the goal of fair, free, honest and just elections, accurate preparation/revision of electoral roll is immediately required to be undertaken by the Election Commission through credible and independent agencies.
Accordingly, we direct the Election Commission to undertake door-to-door checking of voters’ lists and complete the process of updating/revision of the electoral rolls by engaging Army and the Frontier Corps to ensure transparency, if need be;
(k) Corrective measures are required to be taken by the Election Commission to ensure that the election disputes are resolved at the earliest. The Election Commission may also consider establishing a panel of lawyers well conversant with election laws at the State expense to provide free legal services to marginalized segments of society;
(l) The Election Commission is obliged to ensure that all elections witness a substantial participation of the electorate, therefore, all necessary steps must be taken to make voting compulsory in Pakistan as early as possible;
(m) In the ‘First Past the Post’ system of election, the winning candidate does not necessarily receive an absolute majority of all votes cast, therefore, such a candidate does not command the majority of the votes polled. As such, the system of ‘First Past the Post’ violates the principle of majority. The Election Commission may explore ways and means to introduce appropriate system of election including ‘run off election’ and ‘none of the above options’, in the light of the discussion made hereinabove, to ensure true representation of the people and rule of the majority; and
(n) The Election Commission is empowered to frame rules to ensure that the elections are conducted justly, fairly, honestly and in accordance with law and that corrupt practices are guarded against. There is unanimity of views on various suggested courses of action. Therefore, we direct the Election Commission to frame rules and issue instructions to provide legal sanction to these measures and implement the same to achieve the ultimate objective of fair, free, just and honest election.”
After due deliberations, the Commission, under the chairmanship of Hon’ble Acting CEC, formulated certain Directives/Instructions in line with the laws, rules and code of conduct framed at the time of General Elections-2008 in consultation with political parties and aforesaid Supreme Court’s Judgment, as the judgment under reference is also mainly for implementation of the legal provisions contained in the existing electoral laws.
However, for several other requirements, the Hon’ble Supreme Court directed the Election Commission to take necessary steps and explore the ways and means to introduce appropriate system for elections instead of first-past-the-post (FPTP) system e.g. compulsory voting, run off election, and none of the above (NOTA) options in the ballot paper. As proper legislations were required for introducing any appropriate system, the Commission constituted a Steering Committee under the chairmanship of Syed Sher Afgan, Acting Secretary, Election Commission, including the Provincial Election Commissioners and senior officers of the Commission as its members. So far, various meetings of the said Committee have been held and several sub-committees have been established to examine and report about effective implementation of these directives considering such systems in other democratic countries.
The Commission also directed to immediately start work on increasing the number of polling stations throughout the country in order to facilitate the voters. Moreover, it was directed to ensure that polling stations are not at a distance of more than two kilometers from the place of residence of voters provided that Government buildings are available and in case of non-availability of Government buildings, improvised polling stations shall be established.
Following is the Directive issued for bye-election in NA-151 Multan-IV and KP-70 Bannu-I and will be implementable in all future elections:
“ELECTION EXPENSES
i)
None of the contesting candidates shall exceed the limit of election expenses of Rs. 10,00,000/- (rupees one million) in terms of sub-section (2) of Section 49 of the Representation of the People Act 1976;
ii)
Each contesting candidate shall open an account with a scheduled bank on or before the 20th July, 2012 and deposit therein the amount not exceeding Rs. 10,00,000/- to meet the election expenses;
iii)
All election expenditures shall be made out of the amount deposited in the aforesaid account;
iv)
No transaction towards the election expenses shall be made through an account other than the account opened for the purpose;
v)
All transactions relating to the election expenses shall be entered with GST registered firms;
vi)
Each contesting candidate shall file a declaration to the above effect on or before the 20th July, 2012 after issuance of this directive with the Returning Officer;
vii)
Every contesting candidate shall maintain his account of election expenditure on day-to-day basis;
viii)
Each contesting candidate shall submit to the District Returning Officer on every Thursday of the campaign period, a statement of election expenses made by him during the preceding week in terms of Section 50 of the said Act;
ELECTION CAMPAIGN
i)
Car rallies are not allowed to travel long distances except if they have pre-arranged corner meetings at specific designated places. These meetings shall be notified to the ordinary public by the local administration. The local administration must also ensure that all candidates are accommodated indiscriminately.
ii)
No person or a political party shall affix posters, hoardings or banners larger than the sizes prescribed below:
(a)
Posters
2-feet x 3-feet
(b)
Hoardings
3-feet x 5-feet
(c)
Banners
3-feet x 9-feet
(d)
Leaflets/Handbills
9-inches x 6 inches
iii)
No person or a political party shall hoist or fix party flags on any public property or at any public place, except with the permission in writing from, and on payment of such fee or charges as may be chargeable by the concerned local government or authorities.
iv)
Wall chalking as part of an election campaign shall be prohibited in all forms.
v)
Loudspeakers shall not be used for election campaign except at the election meetings.
vi)
The political parties and candidates shall convey their schedule of meeting at least one week in advance to the local administration;
vii)
Local Administration shall be responsible for making appropriate security arrangements and regulating such meetings in such a manner that equal opportunities are provided to the contesting candidates interested in holding rallies and meetings;
viii)
The contesting candidates shall follow the Code of Conduct for the political parties and contesting candidates, issued for General Elections, 2008 except in so far as it is inconsistent with this Directive and the aforesaid judgment of the Hon’ble Supreme Court of Pakistan.
ix)
The Election Commission shall review all election activities including Jalsas, Jaloos and use of Loudspeakers etc. in order to ensure the fairness, justness and the honesty of the election process.
CAMPS NEAR POLLING STATIONS
i)
Establishment of camps near the polling stations on the polling day in the aforesaid constituency by the political parties, the contesting candidates or their supporters is hereby banned in terms of Section 84 of the Act and the aforesaid judgment of the Hon’ble Supreme Court of Pakistan.
ii)
Canvassing for votes, soliciting of votes, persuading any elector not to vote at the election or for a particular candidate, or exhibiting any notice, sign, banner or flag designed to encourage the electors to vote or discourage the electors from voting for any contesting candidate is prohibited within a radius of 400 yards of the polling station in terms of Section 85 of the Act and the aforesaid judgment of the Hon’ble Supreme Court of Pakistan.
iii)
No political party or a contesting candidate or their supporters are allowed to distribute Perchis containing voters’ details i.e. name, parentage, gharana number, serial number etc or any Perchis containing symbol of a political party or contesting candidate near or in the vicinity of polling station on the polling day i.e. within the radius of 400 yards of the polling station.
PROVISION OF TRANSPORT TO THE VOTERS
i)
No political party or a contesting candidate or an election agent or their supporters shall use any vehicle to convey to or from the polling station any elector except himself and members of his immediate family in terms of Section 78 (5) of the Representation of the People Act, 1976;
ii)
Any violation of the above directive is a corrupt practice under Section 78 of the said Act and punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both within the meaning of Section 82 of the said Act.
CONSTITUENCY MONITORS
i)
Three members’ teams, one of whom shall be a professional cameraman with a video camera, shall monitor the election process including campaign expenditure and observance of Code of Conduct by contesting candidates and political parties. The teams shall report to the Provincial Election Commissioner concerned on daily basis;
ii)
The Local Administration shall provide necessary security to each team during the duration of their monitoring in the constituency;
iii)
The District Returning Officer shall hold meetings with the candidates and apprise them of the relevant laws, rules and the aforesaid judgment of the Hon’ble Supreme Court of Pakistan pertaining to the code of conduct and election campaign expenses etc.
All concerned were directed to follow the aforesaid Directive in letter and spirit and that any violation thereof shall be dealt with in accordance with the relevant provisions of the Constitution, the law and the aforesaid judgment of the Hon’ble Supreme Court of Pakistan.”
ARRANGEMENTS FOR BYE-ELECTION IN NA-151 MULTAN-IV
In pursuance of the Judgment of the Hon’ble Supreme Court of Pakistan passed in C.P.No.87 of 2011, a number of steps under the supervision of Hon’ble Acting CEC were taken by the Election Commission to implement the Apex Court’s verdict in letter and spirit and facilitate the common voters in future. Initially, these steps were implemented in NA-151 Multan-IV bye-election and are being implemented in forthcoming bye-election in KP-70 Bannu-I. The Honble Member, ECP Mr. Justice Riaz Kayani also visited NA-151 Multan-IV Constituency to ensure implementation of ECP’s Directives. The manifestations of these steps were keenly observed in said Bye-Election by the ECP’s officers as well independent observers in NA-151-Multan-IV and the results were quite encouraging.
This facilitation includes;
v
Delivery of about 3,08,000 voters’ extract (perchi) at the voters’ residences by post,
v
Sending of SMS containing particulars including number and name of their polling stations to 1,38,000 voters who were having their own cell numbers,
v
Declarations, on prescribed proforma, were obtained from all the contesting candidates, declaring that separate accounts have been opened by them with the amount of 1.5 million rupees to fulfill election expenses and that they shall not make any transaction towards the election expenses through an account other than the said account.
v
Training of more than 500 polling staff in collaboration with UNDP and IFES and
v
Deputation of 4 Monitoring Teams to monitor the process of bye-election. Each team consists of two Election Officer, one cameraman and squad of Police contingent with police van.
SURVEILLANCE ON POLLING DAY IN NA-151 MULTAN-IV
The monitoring teams deputed by the ECP remained moving in the areas of Constituency continuously to observe the polling. Each team was also having sufficient election material for supply to the presiding officer where any shortage was reported. No camp was found established or reported near any of the polling stations. Most of the voters present at the polling station were possessing the voter slips of ECP received by them through post office and also issued voter slips to them by the camps established by the ECP for this purpose. The vehicles provided by ECP for facility of voters were functioning at the polling stations for carrying the voters to and from the polling stations with an official to each vehicle for its proper management.
INFORMATION TECHNOLOGY
During the tenure period of the Acting Chief Election Commissioner, ECP emerged even stronger with the introduction of new technologies. Following projects were initiated and accomplished during the specified period;
v
Successful test run of EVM at mock polling with dummy names of candidates during Bye-Elections in PP-194 Multan-I with mixed feedback of the people.
v
The Online Attendance Management System for the employees of the ECP Secretariat.
v
Installation of 28 Indoor and Outdoor Surveillance cameras to monitor and safeguard the ECP premises as well as Data Centre.
v
Speed up the process of introduction of Geographical Information technology (GIS) in ECP and coordinates with other public or private organizations. In this connection, the Hon’ble ACEC conducted meetings with the SUPARCO officials in detail dated 4th June, 2012.
v
Establishment of Media Centre in the Library of the ECP to record more than 10 TV News Channels by installing latest computers and capturing TV transmission via Fiber Optics channel.
v
Procurement of Hardware and Software for the ECP Secretariat, PEC offices, regional and upto the district offices.
v
Introduction of Polling Station MIS in Bye-Election and look forward for the real time data entry of the polling station wise result.
INTER-ACTION WITH EUROPEAN UNION, IFES, AND UNDP, ETC.
A number of meetings were held with European Union Parliament Mission delegation, IFES, UNDP and some other such organizations in connection with electoral support and assistance to the Election Commission of Pakistan. Ms. Lambert, Head of European Union Parliament Mission delegation appreciated the steps taken by the ECP to strengthen electoral norms in Pakistan and assured all possible support in implementing electoral reforms and strengthening democracy in Pakistan. UNDP is assisting in training of polling staff and is also providing transparent ballot boxes to Election Commission of Pakistan to meet with the shortage. In addition, IFES is providing technical Assistance with regard to electoral reforms, code of conduct, etc.
PROGRESS OF FEDERAL ELECTION ACADEMY
With the direction of Hon’ble Acting CEC and in coordination of UNDP/IFES, 1st Pilot Project Cascade Training in PP-243 D.G. Khan-IV and PP-245 D.G. Khan-VI was held w.e.f 26-4-2012 to 04-5-2012 and 1325 polling personal were trained. The Hon’ble Acting Chief Election Commissioner of Pakistan visited D.G.Khan to observe the training process. Similarly 2nd Pilot Project in PS-83 Sanghar-VI was also held w.e.f 10-6-2012 to 15-6-2012 and approximately 690 polling personal were trained. Moreover, 3rd Pilot Project was conducted in NA-151 Multan-IV from 12th to 15th July, 2012 and about 1680 polling personal were trained.
A Refresher Training for the Master Trainers for their Role out of DROs, ROs and AROs was held in Islamabad Hotel, Islamabad with effect from 12th to 14th June, 2012. The Hon’ble Acting Chief Election Commissioner of Pakistan inaugurated the Refresher Training course.
Following the orders of Acting Chief Election Commissioner, FEA performed videography of various training sessions to bring more transparency and improvements in future trainings:
(a)
D.G Khan Bye-Elections
(b)
Refresher Training Course for Master Trainers
FEA Annual Training and Capacity Building Plan for the year June 2012 to May 2013 has been approved by the Hon’ble Acting CEC which will definitely enhance the professional capabilities of ECP’s officials and polling staffs.
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CODE OF CONDUCT
FOR POLITICAL PARTIES AND CONTESTING CANDIDATES
FOR GENERAL ELECTIONS, 2008
1. General Conduct:
(1) The political parties shall not propagate any opinion, or act in any manner prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the armed forces of Pakistan, as provided under Article 63 of the Constitution.
(2) Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism based on unverified allegations or distortion shall be avoided.
(3) Concerned political parties and contesting candidates may announce their overall development programme. But after the announcement of the election schedule till the day of polling, no candidate or any person on his behalf shall, openly or in secret, give any subscription or donation, or make promise for giving such subscription or donation, to any institution of their respective constituency or to any other institution, nor shall commit to undertake any development project in the respective constituency.
(4) All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election laws such as the bribing of voters, intimidation and personation of voters, canvassing within 400 yards of a polling station, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll by the Election Commission of Pakistan.
(5) The right of every individual for peaceful and undisturbed domestic life shall be respected, irrespective of any resentment that a political party or a candidate may have against such individual for his political opinion or activities. Organizing demonstrations or picketing before the house of such individual with a view to protest against his political opinion or activities shall be prohibited under any circumstances.
(6) No political party or candidate shall permit his followers to make use of any individual’s land, building, compound wall etc. without his permission for erecting flag-staffs, suspending banners, pasting notices, writing slogans etc.
(7) Political parties and candidates shall ensure that their supporters do not create obstructions in or disturb meetings and processions organized by the other parties. Workers or sympathizers of one political party shall not create disturbance at public meetings organized by another political party.
(8) Political parties and contesting candidates shall firmly restrain their workers from exerting undue pressure against the print and electronic media, including newspaper offices and printing presses, or resorting to violence of any kind against the media.
(9) Political parties and contesting candidates shall refrain from making such comments on international issues as are likely to embarrass the government’s relations with other countries, nor shall they say anything or do any act in any manner, which might prejudice Pakistan’s foreign relations. Controversial and harsh remarks about leaders of other countries and their ideologies shall be avoided.
(10) The political parties, contesting candidates and workers shall refrain from deliberate dissemination of false and malicious information. The workers of political parties shall not indulge in forgeries and disinformation to defame other political parties/leaders. The use of abusive language against the leaders and candidates of other political parties shall be avoided at all costs.
(11) The political parties shall refrain from speeches calculated to arouse parochial and sectarian feelings and controversy of conflicts between genders, sects, communities and linguistic groups. [Section 78 of the Representation of the People Act, 1976].
(12) Appeals to violence or resort to violence during meetings, processions, or during polling hours shall be strictly avoided. [Section 81 of the Representation of People Act, 1976].
(13) No person shall in any manner cause injury to any person or damage to any property. [Section 81 of the Representation of the people Act, 1976.
(14) Carriage and display of all kinds of lethal weapons and fire arms shall not be allowed in public meetings and processions and official regulations in respect thereof shall be strictly observed. Aerial firing, use of crackers and other explosives at public meetings shall not be allowed.
(15) The political parties, contesting candidates, agents or workers shall not indulge in offering gifts or gratifications or inducement to any person to stand or not to stand as a candidate, or to withdraw or not to withdraw his candidature. [Section 79 of the Representation of the People Act, 1976].
(16) The political parties, contesting candidates and their workers shall not propagate against the participation of any person in the elections on the basis of gender, ethnicity, religion or caste. Political Parties’ officials, candidates or others shall not encourage or enter into agreements debarring women from becoming candidates or exercising their right of vote in an election.
(17) Ministers shall not combine their official visits with election campaign.
(18) The political parties and contesting candidates shall not procure the support or assistance of any civil servant to promote or hinder the election of a candidate. [Section 83 of the Representation of the People Act, 1976].
(19) The political parties and their candidates shall dissuade their workers or sympathizers from destroying any ballot paper or any official mark on the ballot paper. [Section 87 of the Representation of the People Act, 1976].
(20) No person or a political party or a candidate shall hoist or fix party flags on any public property or at any public place, except with the permission in writing from, and on payment of such fee or charges as may be chargeable by, the concerned local government or authorities. Wall chalking as part of an election campaign shall be prohibited in all forms. [Section 83A of the Representation of the People Act, 1976].
(21) No election camp shall be set up on any road or place meant for the use of the public. Election camp shall as far as possible be simple. No food or drink shall be served to the voters in the election camp.
(22) No contesting candidate or a political party shall cross the limit of election expenses – rupees one-and-a-half million for the National Assembly seat and rupees one-million for the Provincial Assembly seat. (Section 49 of the Representation of the People Act, 1976].
(23) Section 83A of the Representation of the People Act, 1976 lays down that no person or a political party shall affix posters, hoardings, banners or leaflets/handbills larger than the sizes prescribed by the Election Commission. The Commission has prescribed the sizes as under:
(a) Posters 2-feet x 3-feet
(b) Hoardings 3-feet x 5-feet
(c) Banners 3-feet x 9-feet
(d) Leaflets/Handbills 9-inches x 6 inches
The local authority and the Returning Officer shall be responsible for the effective implementation of the provisions of this section.
(24) Parties and politicians shall refrain from making references to secret and confidential matters, which were within their official knowledge when they were in power. Nor shall they betray the confidence which they enjoyed by virtue of their official position.
(25) No advertisement, notice or announcement paid for from public funds shall carry the explicit or implicit reference, name, designation or photo of any public functionary or holder of a state or public office to project him/her as the originator, sponsor, promoter or organizer of any scheme, project, progress, ideology or vision.
(26) Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided.
2. Meetings:
(1) The party or candidates shall inform the local administration of the venue and time of any proposed meeting well in time so as to enable the police to make necessary arrangements for controlling traffic and maintaining law and order.
(2) A party or candidate shall ascertain in advance if there are any restrictive or prohibitory orders in force in the place proposed for the meeting. If such orders exist, they shall be followed strictly. If any exception is required from such orders it shall be applied for and permission obtained well in time.
(3) Organisers of a meeting shall invariably seek the assistance of the police on duty for dealing with persons disturbing a meeting or otherwise attempting to create a disorder. Organisers themselves shall not take action against such persons.
(4) The political parties and their candidates shall not hold public meetings or rallies on main streets, roads and chowks to avoid traffic jams and public inconvenience.
3. Processions:
(1) Processions shall not be taken out by one party along places at which meetings are being held by another party. Posters affixed by one party shall neither be removed nor distribution of handbills and leaflets prevented by workers of another party.
(2) A party or candidate organizing a procession shall decide before hand the time and place of the starting of the procession, the route to be followed and the time and place at which the procession will terminate. There shall ordinarily be no deviation from the programme. The organizers shall give advance intimation of at least 3 days to the local police authorities of the programmes so as to enable them to make necessary arrangements.
(3) The organizers shall ascertain if any restrictive orders are in force in the localities through which the procession has to pass, and shall comply with the restrictions unless exempted specially by competent authority. Any traffic regulations or restrictions shall also be carefully adhered to.
(4) The organizers shall take steps in advance to arrange for passage of the procession so that there is no block or hindrance to traffic. If the procession is very long, it shall be organized in segments of suitable lengths, so that at convenient intervals, especially at points where the procession has to pass road junctions, the passage of held up traffic could be allowed by stages thus avoiding heavy traffic congestion.
(5) If two or more political parties or candidates propose to take processions over the same route or parts thereof at about the same time, the organizers shall establish contact well in advance and decide upon the measures to be taken to ensure that the processions do not clash or cause hindrance to traffic. The assistance of the local administration shall be availed of for arriving at a satisfactory arrangement. For this purpose, the parties shall contact the local administration at the earliest opportunity but not later than 3 clear days before the date of the procession.
(6) The political parties or candidates shall exercise control to the maximum extent possible in the matter of processionists carrying articles, which may be put to misuse by undesirable elements, especially in moments of excitement.
4. Polling Day:
(1) All political parties and candidates shall-
(i) co-operate with the officers on election duty to ensure peaceful and orderly polling and complete freedom to the voters to exercise their franchise without being subjected to any annoyance or obstructions; [Section 86 of the Representation of the People Act, 1976];
(ii) supply to their authorized polling agents badges or identity cards;
(2) Political parties shall carry out a comprehensive plan for education of voters in the manner of marking the ballot paper and casting votes.
(3) Excepting the voters, candidates or duly authorized election agents, no one without a valid pass from the Election Commission or Provincial Election Commissioner concerned or District Returning Officers shall enter the polling booths. However, foreign/domestic observers and representatives of recognized bodies will be provided free access to witness the election process on production of the identification cards/passes issued to them by the aforesaid Election Commission authorities.
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