The Pakistan Institute of Legislative Development and Transparency (Pildat) has aired its concern over newspaper reports and a statement by Federal Minister of Parliamentary Affairs Dr Sher Afgan Niazi claiming that the Election Commission has issued a notification on September 10, under which Article 63 of the Constitution has been made inapplicable to the presidential election.
A Pildat spokesman said here on Monday that the commission in the media announced no such notification. "Even the 'notifications' section of the official website of the Election Commission of Pakistan so far does not carry any such notification," he added.
Pildat has asked the Election Commission of Pakistan to take serious notice of the statements of Dr Sher Afgan Niazi, who inappropriately and repeatedly is acting as the spokesperson of the Election Commission casting serious aspersions on the independence of the Election Commission.
Pildat called upon the Commission to expressly prohibit Dr Niazi and all others to make declarations on behalf of the Election Commission. It noted that earlier Dr Niazi had announced on behalf of the Commission that the Commission would announce the schedule of presidential election in the next two to three days.
It has also expressed serious concern at the revelation that the Election Commission is not free to amend its own rules and it has to seek approval of the President of Pakistan before making any amendment. The Election Commission should immediately clarify why it has to seek such permission and what laws bind it to such unnecessary and inappropriate subordination to the President of Pakistan.
Pildat demanded that Rules of Business should be immediately amended to make Election Commission independent of any presidential interference in the form of prior approval of Election Commission actions.
Pildat added that in case the notification making Article 63 inapplicable to presidential election has really been issued by the ECP on September 10, why such a notification has not been made public by the ECP and why it is not placed on the ECP official website as all official notifications of the ECP are required to be widely publicised for the information of all concerned.
Pildat said if the news of the amendment to the rules is true, it raises serious doubts about the independence of the Election Commission and its ability to hold free and fair election in Pakistan.
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