A tax lawyer has approached Election Commission of Pakistan (ECP) to stop government from presenting the federal budget (2018-19), which is scheduled to be unveiled on April 27, as the ruling party earlier influenced voters by reducing income tax rates for individuals through Income Tax (Amendment) Ordinance, 2018 and committed pre-poll rigging.
According to a petition filed by Advocate High Court Shahid Jami with the ECP, it is claimed that the intent and purpose of influencing the voters through budget is evident from the fact that through the Income Tax (Amendment) Ordinance, 2018, dated April 08, 2018, income tax rates for individuals have been substantially reduced with effect from July 1, 2018.
Under Article 218(3) of the Constitution, it is the duty of the Election Commission of Pakistan to conduct elections honestly, justly and fairly, and guard against all corrupt practices.
It says that the term of present assembly and the government is expiring on May 31, 2018 and the interim government should be in place on or around June 1, 2018.
The present government has announced that it would be presenting the budget/finance bill for the next fiscal year 2018-19 on April 27, 2018 in the National Assembly. The date announced is significantly earlier than the traditional date of presenting the budget/bill in the first or second week of June and its passage from National Assembly in third week and assent of the President in fourth week before promulgation of Finance Act with effect from July 01.
The presentation of the budget/bill on April 27, 2018 for the period (01/07/2018 to 30/06/2019), which falls outside the terms of office of the present government, is tantamount to pre-poll rigging due to very intent and purpose manifest in the national media.
It is reported in media that major relief is expected to be approved in that budget as an election stunt to influence the voters and this amounts to pre-poll rigging. The intent and purpose of influencing the voters through budget is evident from the fact that through the Income Tax (Amendment) Ordinance 2018, dated April 08, 2018, income tax rates for individuals have been substantially reduced with effect from July 01, 2018 as the preamble of the Ordinance incorrectly states that circumstances exit which render it necessary to take immediate action, it claimed.
Whereas through notification F.2(3)/2018-Cord, dated April 11, 2018, the ECP has already held that diversion of money allocated to development projects to schemes of the constituencies , is nothing short of yet another facet of pre-poll rigging which, if not checked and brought to an immediate end, is likely to influence the electoral process adversely and thus sending an extremely wrong message to the public at large , making the election tainted and falling short of the constitutional provisions contained in the Article 218(3) of the Constitution, the petition claimed.
There is no legal or constitutional requirement to pass the budget before assemblies' term expires. Under the Article 86, the caretaker government can authorise expenditure for 120 days.
The new government should have the opportunity to formulate budget according to its priorities and plans as it would be coming to power with the fresh mandate from people.
Under the Article 218(3), the Commission has very wide powers and Article 220 binds all executive authorities to assist the Commission in discharge of its functions and it can stop the authorities on their working on budget preparation.
It is prayed that this petition is fixed for hearing or suo motu notice is taken and notices are issued to the federal and provincial governments, etc, to assist the Commission under the Article 220 for its mandate under Article 218(3) read with sections 4,5 and 8(c) of the Election Act, 2017 and thereafter appropriate orders are passed stopping the federal and provincial governments from presenting the budget, it added.
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