ISLAMABAD: The Islamabad High Court (IHC), Monday, restrained the Election Commission of Pakistan (ECP) from taking action against Prime Minister Imran Khan and Federal Minister Asad Umar for allegedly violating the election code of conduct by attending a public gathering in Lower Dir.
A single bench of Justice Aamer Farooq heard 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 argued that the prime minister could not remain neutral while participating in political activities. However, he added that 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 further said that the ECP is serving notices and imposing fine and the next step is a disqualification. He asked how can the ECP do this.
Breach of code of conduct: ECP slaps fine on PM, other PTI leaders
Khalid maintained that the prime minister could not remain impartial while attending political activities. He said 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.
Justice Aamer remarked that the ECP can issue a notice if it finds violation of the code of conduct during the election campaigns but the body does not have the authority to impose a fine or disqualify anybody after the notices. He questioned 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 asked 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’s counsel replied that permission was granted through an ordinance.
The court further asked under what law the Election Commission amended the Code of Conduct. The ECP lawyer told that the Code of Conduct was violated under the KP 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 further said that this is unlawful and only the ECP can summon the prime minister.
Later, the court directed the ECP lawyer to present arguments on legal points on the next hearing and deferred the hearing till April 6.
The ECP on March 11 issued notices to the prime minister and several other PTI leaders for attending a public gathering in Lower Dir. Both the petitioners moved the IHC against the notices and prayed before 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.
The petitioners adopted that under the Constitution and the law, the Commission has no jurisdiction or authority or power to declare Section 181-A to be ultra vires the Constitution, illegal, void or of no effect.
They stated that in the order dated 10/03/2022, the ECP stepped into the shoes of the legislature and considered itself as a supra constitutional legislative forum which can, on its own, decide to supersede and ignore law by passing a code of conduct.
Copyright Business Recorder, 2022
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