Pakistan Institute of Legislative Development and Transparency (Pildat), has demanded that the AJK Chief Election Commissioner should take notice of Pakistan's public office holders' participation in AJK election campaign at the state expense, latest of which has been Prime Minister Syed Yousuf Raza Gilani, who addressed an election rally in Bagh, AJK on June 22 for the support of the PPP candidate.
Pildat said it was regrettable that despite a clear order by the AJK Chief Election Commissioner on May 16 that no participation of any Pakistani leaders holding public office should take place in AJK election campaign, the Prime Minister, and by other federal and state ministers earlier, addressed election rallies on state expense using the full state-funded protocol.
Pildat also regretted the AJK Chief Election Commissioner's quoted statement in newspapers on Thursday in which he expressed helplessness and regret in stopping the AJK Prime Minister for violating the AJK Election Code of Conduct by using state resources in election campaign. Pildat quoted that the AJK Chief Election Commissioner should learn from the Pakistan Election Commission which had issued a directive against public office holders participating in election campaigns at state expenses.
The Prime Minister of Pakistan had participated in by-election campaigns in August 2010 and visited several constituencies of Punjab in support of PPPP candidate and announced development projects. Protesting this violation, Pildat had written a letter to the Chief Election Commissioner of Pakistan on August 23, 2010, giving details of rallies in which Prime Minister had participated and the development projects announced by him urging the CEC to take note of this violation.
Chief Election Commissioner of Pakistan took notice of violation of code of conduct and issued directives on September 28, 2010 for ensuring free, fair, impartial and transparent conduct of by elections. Para (v), (vi), (vii) of the directive was as follows.
v) After the issuance of Schedule of an election, 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 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.
The above directives made it implicit that all public office holders need to adhere to the rules and code. Pildat said that this violation, if goes unnoticed, may guide the future General Election in Pakistan and therefore it is necessary that in Pakistan, the Election Commission moves to convert a comprehensive code of conduct into a law for its ensured applicability on all.
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