Amends election rules: ECP empowers its officials to issue contempt notices

ISLAMABAD: At a time when Election Commission of Pakistan (ECP) is faced with massive criticism from former federal ruling party Pakistan Tehreek-e-Insaf (PTI), the top electoral body on Wednesday amended the election rules to authorise its officers to issue contempt notices to the alleged “contemnors.”

The electoral entity, by amending the rules, has also empowered itself to grant bail to persons arrested on the charges of the ECP contempt.

The ECP has made these amendments in exercise of its powers under Section 239 of Elections Act 239, according to a notification.

The electoral body has amended Section 4(6) of the Election Rules 2017.

This section deals with procedure related to the contempt of the ECP. “Where the commission is satisfied by an affidavit or otherwise, that the respondent is, or, as the case may be, respondents are avoiding service, it may direct issuance of bailable or non-bailable warrants for his or their arrest,” it says.

The ECP has added the following provision in the aforementioned section.

“Provided that in case of bailable warrant, the commission may,in its discretion, by endorsement on warrant and subject to its satisfaction, direct the police officer(s) to take such bailor security ifsuch person is ready and willing to give bail and security required bysuch direction and shall forward the bond to the commission.”

Section 4(8) of the same rules provides that if the commission, on the basis of opinion expressed by the commissioner or the member, mentioned in Section 7, decides that action should be taken in the matter, a notice of proceedings shall be issued to the advocate general, Islamabad who shall in that event either conduct proceedings himself or depute an additional advocate general or a deputy or assistant advocate general.

The ECP has omitted this provision of Section 4 (8) and replaced it with a new provision. The new Section 4(8) says that if the commission, on the basis of opinion expressed by the commissioner or the member, mentioned in Section 7, decides that action should be taken in a matter, it may direct a notice or a show cause notice to be issued to the alleged contemnor by the secretary of the commission or in his absence, any other officer of the commission and copy of such notice or show cause notice shall be sent to the advocate general, Islamabad, who shall in that event either conduct proceedings himself or depute an additional advocate general or a deputy or assistant advocate general.”

Section 239 of Elections Act 2017 allows the ECP to make rules by notification in the official gazette and publication on its website.

It merits recalling here that ECP has initiated contempt proceedings against Chairman PTI Imran Khan, Secretary General PTI Asad Umar and Vice President PTI Fawad Chaudhry since August 19 this year.

The PTI stalwarts have minced no words to take on the ECP and Chief Election Commissioner Sikandar Sultan Raja on different occasions.

Addressing mammoth public rallies in recent months, the PTI chief has alleged that the incumbent CEC is “biased” against the PTI and is allegedly supporting Pakistan Muslim League Nawaz (PML-N). The former federal ruling party has moved Supreme Judicial Council (SJC) for the removal of CEC.

Section 7 of the Election Rules 2017 reads that where the contempt consists of words or any act of “visible sign which tends to prejudice a party to the proceeding before the commission or tends to scandalise the commissioner or any member of the commission or otherwise tends to bring the commissioner or a member of the commission in relation to his office into hatred, ridicule or contempt, the matter shall in the first instance be placed before the commissioner and such member as the commissioner may nominate to consider the expediency or propriety of taking action in the matter.”

Copyright Business Recorder, 2022