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Prime Minister Imran Khan has denied having violated the Election Commission of Pakistan's code of conduct during his recent visit to a National Assembly constituency where bye-election is scheduled on July 18, saying he was on 'religious visit for condolence' to the said area and did not take part in any political activity.
In his written reply submitted to the ECP on Thursday through his counsel Babar Awan in response to a show cause notice, the PM contended that the relevant electoral provisions impose no bar on public office-holders from paying religious visits for condolence (in any constituency where bye-election is scheduled).
It merits mentioning here that on June 10, the ECP announced to hold bye-election and issued the relevant schedule for NA-205 in Ghotki on July 18. The said NA seat had fallen vacant last month following the sudden death of Federal Minister for Narcotics Control Sardar Ali Muhammad Khan Mehar.
On June 19, the PM had visited Ghotki to condole Mehar's death. Abdul Bari Pitafi, a Pakistan Peoples Party (PPP) candidate for NA-205 constituency in the upcoming bye-election, moved the ECP the same day (June 19) against the PM while taking the stance that PM's visit to Ghotki is in violation of the ECP code of conduct as the schedule for the bye-election has already been notified. Pitafi is the incumbent Member Provincial Assembly (MPA) from Ghotki.
Acting on the complaint, the ECP issued show cause notices to PM, Governor Sindh Imran Ismail, Federal Minister for Privatisation Muhammad Mian Soomro and Federal Minister for Inter-provincial Coordination Fahmida Mirza for visiting Ghotki to condole the minister's death.
On Thursday, PM's counsel Babar Awan met Secretary ECP Babar Yaqoob Fateh Muhammad and submitted the PM's reply to the ECP's show cause notice. "The malicious, scandalous and baseless complaint filed by the candidate is publicity driven and an attempt to make hype in the media," the reply stated.
The ECP's code of conduct for bye-elections implies to bar public office-holders from visiting any constituency of NA or provincial assemblies where a bye-election is scheduled. The Section 17 of the code of conduct for bye-election reads, "The president, prime minister, chairman/ deputy chairman senate, speaker/deputy speaker of an assembly, members of the senate or an assembly, federal ministers, ministers of state, governors, chief ministers, provincial ministers and advisors to the prime minister and the chief ministers, mayors/chairmen/nazims their deputies and other public office holders shall not participate in election campaign in any manner whatsoever."
The PM's reply to the ECP said he did not take part in any political activity during his visit to Ghotki.
"The PM, being a law-abiding, principled and disciplined leader of the nation, has not violated any provision of code of conduct and he went to Ghotki to extend condolences to the family of deceased federal cabinet member Ali Muhammad Mehar. The PTI has deep respect for the electoral laws and code of conduct and the Premier during his stay in Ghotki, has not participated in any political program/meeting/rally nor he made any political statement or press talk."
The letter said the ECP code of conduct's relevant clause bars the president, PM, cabinet members and members of Parliament among others from taking part in election campaign in any manner. "The aforementioned clause does not bar religious visit for condolence."
The letter said that the PM has the right to initiating a legal action. "We reserve the right of filing a proper complaint for initiation of proceedings for making false and dishonest statement before the Commission."
In the letter, the PM requested the ECP that the copy of the complaint along with affidavit of the complaint be provided and show cause notice issued be withdrawn 'being misconceived and without any legal justification.'
Sardar Ali Muhammad Khan Mehar had contested the general election, held on July 25 last year, from his home constituency NA-205 Ghotki-II and won the seat as an independent candidate. He later joined the ruling party Pakistan Tehreek-e-Insaf (PTI) and was inducted into PM Imran Khan's federal cabinet as the federal minister for narcotics control. He held the same position till his death. He died of cardiac arrest on May 21 in his hometown of Ghotki and was laid to rest there.

Copyright Business Recorder, 2019

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