Across-the-board ban on transfers, postings: ECP bars President, Premier from visiting electorate

27 Mar, 2013

The Election Commission of Pakistan (ECP) on Tuesday imposed an across-the-board ban on transfers and postings at both federal and provincial levels, says a notification issued here on Tuesday. The notification states that transfers and postings had been banned across the country, and no government official could even be transfered and posted in any capacity and action would be taken against violators.
The president, governors, caretaker premier, chairman, deputy chairman of senate along with chief ministers and advisers to the PM were also barred from visiting any electoral constituencies. Invoking Articles 218(3), and 220 of the Constitution read with Sections 104 of the Representation of the People Act of 1976, the commission directed that the executive authorities in the Federation and in the Provinces "shall not use State Resources anywhere in Pakistan for unfair advantage of a particular candidate or political party nor exercise undue influence affecting the interest of a candidate or party for participating in election".
"If any person in the service of Pakistan misuses official position in any manner to influence the result of the election, he may be tried by a Session Court as contemplated under Section 95 of the Representation of the People Act, 1976 and, if found guilty of the offence, may be punished with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees, or with both under Section 92 of the Act.
"Individual transfers/postings of civil servants shall also not be made after the issuance of Election Schedule except in exceptional circumstances, in exigency of service and in public interest, with prior approval of the Election Commission. "After the issuance of Schedule of general elections, the President, Prime Minister/Chairman/ Deputy Chairman Senate, Federal Minister, Ministers of State, Governors, Chief Ministers, Provincial Ministers and Advisor to the Prime Minister and the Chief Ministers and other public office holders will neither visit the area of any constituency nor shall openly or in secret give any subscription or donation or make promise for giving such subscription or donation to any institution of a constituency, nor shall inaugurate, commit to undertake or announce any development project therein for the advancement of the campaign of a candidate of his choice and thereby influence the results of election.
"The Prime Minister, Chief Ministers, Federal Ministers, State Ministers, Advisors to the President and the Prime Minister, Provincial Ministers and Advisors to the Chief Ministers or any person on their behalf shall not visit the Constituency or a polling station after the issuance of Schedule of election till the completion of poll.
If any of the public office holders is found to have misused his official position to influence the result of an election in any manner whatsoever, legal action shall be taken against such person in accordance with law under section 103A of the Representation of the People Act, 1976, relating to contempt proceedings."

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