LG polls in KP: PTI asks ECP to halt proceedings in code of conduct violation case

ISLAMABAD: Former ruling party Pakistan Tehreek-e-Insaf (PTI) on Tuesday demanded of the electoral body to halt the proceedings related to violation of code of conduct in the local government elections in Khyber Pakhtunkhwa — against party Chairman Imran Khan and Secretary General Asad Umar — keeping in view that Islamabad High Court (IHC) barred the poll body from deciding the case till it was pending in the court.

On the other hand, the Election Commission of Pakistan (ECP) has asked both the top office-bearers of PTI to give their arguments in their defence in the upcoming hearing of the case on June 21 — giving the former prime minister and ex-federal minister “one last chance” to do so, saying the case would be decided, otherwise.

Headed by Chief Election Commissioner Sikandar Sultan Raja, a three-member ECP bench comprising of Nisar Ahmed Durrani and Shah Muhammad Jatoi heard the case.

In the proceedings, PTI counsel and former attorney general for Pakistan (AGP) Anwar Mansoor Khan said that IHC barred the ECP from issuing any decision in this case. He demanded that the proceedings of the case be halted till the case was decided by the IHC.

Upon this, the CEC remarked, “What has this case anything to do with IHC? A DMO (district monitoring officer) has imposed fine on them (Khan and Umar) for violation of LG polls’ code of conduct in KP. The ECP is just hearing appeal against the imposition of fine”.

The defence lawyer cited the IHC verdict that barred the ECP from issuing any decision in the case.

“You are referring to the IHC — as if the ECP is going to decide this case and penalise you today. It is the authority of the ECP to either accept or reject appeals against imposition of fines by DMOs. If you withdraw your appeal today, the matter would be disposed of”, the CEC told the defence counsel.

He said the ECP bench would mention in its order that the issue was not related to IHC, adding that the court did not bar the ECP from moving ahead with the proceedings of the case.

“We cannot let this case pending just because the matter is pending in IHC. We have to decide it. There are many important cases that we have to hear other than this one—like cases related to delimitation of constituencies”, Raja observed.

The bench then adjourned the case till June 21.

The ECP imposed fine of Rs 50,000 each on Imran Khan, Asad Umar and other senior government officials, PTI leaders for Lower Dir, Malakand and Swat public rallies ahead of second phase of LG elections in KP held in March this year.

However, Khan and Umar moved IHC against the ECP decision. The IHC barred the electoral body from taking action against the two political bigwigs.

Also in March, the ECP held consultative sessions with political parties and revised its code of conduct that barred public office-holders from visiting any area where elections were scheduled.

This did not go down well with the then federal government functionaries who were of the view that electoral body was not empowered to revise code of conduct after the issuance of Elections (Amendment) Ordinance 2022 in February.

“Notwithstanding anything to the contrary under this act, rule or code of conduct or any other law, a member of Parliament (Majlis-e-Shura), provincial assembly or elected member of local government, including member holding any other office under the constitution or any other law – may visit or address public meetings in any area or constituency during election campaign”, this ordinance read.

Copyright Business Recorder, 2022