The Election Commission of Pakistan (ECP) in its proposed electoral reforms has recommended that when the President dissolves the National Assembly, he shall consult with the Chief Election Commissioner. "The President will also consult with the Prime Minster and the Leader of Opposition in the National Assembly for the appointment of the Chief Election Commissioner," a report of Election Commission of Pakistan proposed Electoral Reforms revealed on Saturday.
According to the report, "The Article 48(5) of the Constitution should be amended as where the President dissolves the National Assembly, he shall in consultation with the Chief Election Commissioner. While according to Article 48(5)(b), where the President dissolves the National Assembly, he shall, in his discretion.
The report also says, "appoint a date, not later than (ninety) days from the date of dissolution, for the holding of general election to the Assembly and appointment of a caretaker Cabinet, which shall be neutral and non-partisan. The caretaker prime minster, chief ministers and ministers, as the case may be, shall not take part in the election and/or political activities during their tenure of office. The caretaker government should not have the powers to appoint or transfer the government servants on large scale during their tenure".
According to report, amendment of Article 213 of the Constitution proposed, there shall be a Chief Election Commissioner (in this part referred to as the Commissioner), who shall be appointed by the President in consultation with the Prime Minister and Leader of Opposition in the National Assembly.
The Election Commission of Pakistan also proposed to reserve at least one seat for women for each Federal Capital and Fata. There is also a proposal of 61 general seats for women including three in Balochistan, eight in NWFP, 35 in Punjab, 14 in Sindh and one in the Federal Capital.
The Election Commission of Pakistan also proposed the tenure of the Commissioner should be increased from three to four years by amending of Article 215 of the Constitution. The report says," the Commissioner shall, subject to this Article, hold office for a term of four years from the day he enters upon his office. Provided that the commissioner shall continue to hold his office till completion of the general elections if dates of expiry of his term of office and that of holding general elections fall in the same year and shall cease to hold the office a day after the first session of the National Assembly takes place.
There is also a proposal in the report that if commissioner is absent due to visit abroad for a period less than fifteen days, the acting Commissioner shall not be appointed and the senior most Member Election Commissioner shall look after the office work on behalf of the commissioner.
The Election Commission also proposed that a person elected to more than one seat shall be responsible for making payment, as may be determined by the Election Commission, for expenditure involved on conducting bye-elections to the seat or seats vacated by him.
According to report, there is a proposal in section 78(Corruption Practice) sub-section 97) shall be added as any person guilty of corrupt practice shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to fifty thousands rupees or with both.