Abid Manto says Election Commission not doing its duty
ISLAMABAD: One of the most respected legal minds of the country, Abid Hassan Manto, laments that because of the inaction of the Election Commission of Pakistan (ECP), he had to move an implementation petition in the Supreme Court to enforce the judgement in the Workers Party petition to ensure free and fair elections.
While talking to The News, Manto said that it has become a habit of the administration to keep things as they are instead of rectifying them in the light of judgements passed by the courts and laws made by the parliament.
“Had the ECP implemented the Workers Party judgement then he would not have moved an application for its implementation in the apex court”, he maintained.
He added: “We have written letters to the ECP, sent briefs to it regarding the implementation of the judgement and even met with the officials of the ECP but all in vain. Therefore we have adopted a legal process”.
Minto held that the prime purpose of the Workers Party petition was the benefit of the masses in that election expenses should be strictly controlled and monitored so that the common person could also participate in the election. “We also pressed for making laws for compulsory voting to engage all the people in the electoral process”, Minto said.
He said that it was discussed in the petition that if a candidate fails to get 50 percent of the polled votes yet he is at number one then there should be a run-off election between the two top candidates so that a candidate with a real majority should be declared victorious.
He lamented that unfortunately the ECP has not read the judgement, so how can it get the gist of what has been said in it.
Regarding corrupt practices defined in the People’s Representative Act and Article 62 and 63 of the Constitution, Minto maintained that he considers Article 62 and 63 as the brainchild of Ziaul Haq therefore he has not mentioned these two articles of the Constitution in his petition.
It is worth mentioning that the SC on June 8, 2012 had directed the ECP in the Workers Party petition that in the following words: ‘The Representation of the People Act, 1976 vests in the Election Commission responsibilities and powers to, inter alia, regulate election expenses, provide for offences, penalties and procedures in case of breach of conditions relating thereto, resolve all election disputes, declare the election void, etc. The constitutional requirement to hold elections fairly, freely, honestly, justly and in accordance with the law obligates the Election Commission to exercise all powers vested in it to the best of standards and norms.’
“The Election Commission is empowered to check not just illegal actions relating to the election (violating the limits set for campaign finance, etc.) or corrupt practices (bribery, etc.), but is also empowered to review all election activities, including Jalsas, Juloos, use of loudspeakers, etc. for their effects on the standards of ‘fairness, justness and honesty’ that elections are expected to meet. The Election Commission is also empowered to take preemptive measures to ensure that the spirit of democracy and ‘fairness, justness and honesty’ of elections is fully observed. The Election Commission is, therefore, directed to take all necessary steps to ensure the same;
“The Election Commission must undertake monitoring of the election expenses from the day the holding of election is notified.
“A candidate must account for all the expenses immediately after the election is over. The Declaration Form should include the following further declarations: -
(i) To meet election expenses,
I have opened account No.xxxx withxxxx (name & branch of a scheduled bank) and deposited therein the amount permissible for election expenses.
(ii) All election expenditure shall be made out of the money already deposited in the aforesaid account.
(iii) No transaction towards the election expenses shall be made through an account other than the above account.
[Copy of bank statement will be annexed with the Return.];
Corrective measures are required to be taken by the Election Commission to ensure that the election disputes are resolved at the earliest.”
Abid Manto says Election Commission not doing its duty - thenews.com.pk
Draft law to change election process ready, says ECP
ISLAMABAD: The Election Commission of Pakistan (ECP) is in the final stages of completing the draft of amendments to the current laws to accommodate the clauses of the Islamabad Long March Declaration, including the 30-day proposal for scrutiny of candidates, a senior official of the commission said on Saturday.
The draft legislation proposes different amendments to the Representation of the People Act 1976 (RPA) to empower the commission to start the process of cleansing candidates.
Sher Afgan, Director General ECP, told The News that 500 returning officers would be appointed across the country for the upcoming general elections and they will be empowered under the proposed legislation to directly write to different investigating agencies, bureaus and government departments for seeking any kind of information about all the candidates who apply to contest the elections. Afgan said all these returning officers would also send these lists to the ECP.
He also confirmed that this would happen for the first time in the country’s history, as in the past the returning officers only made checks when an objection was raised. “After this new legislation, right after the initial list of candidates would be completed, the returning officer concerned, before anyone raises any objection, will send the same list of names along with all undertakings and declarations of taxes, property, etc, to the ECP, as well as all concerned institutions and agencies for verification of taxes, pending cases etc.”
Afgan said the proposal to increase the scrutiny period from seven to 30 days had also been incorporated in the draft.
It is very clear that when these lists will land in the Federal Bureau of Revenue (FBR) along with undertakings of taxes and declarations of assets and properties, the FBR will report back to returning officers whether the undertakings and declarations are true or not. The FBR will confirm to the returning officers any violations of Income Tax Law by these candidates and if it was found that a candidate had not filed his return of income during the last few years, he would be disqualified from contesting the elections.
A recent CIRC report shows that 70 per cent of parliamentarians of the present parliament had violated the Income Tax laws. This also includes more than 60 per cent of MNAs of the PPP and PML-N.
These lists will also be sent to the Higher Education Commission (HEC). The commission will verify the names of the candidates who were members of the National Assembly or any provincial assembly during 2008-2013 term and whose degrees were found fake or “whose degrees could not be verified”. This will create trouble for many candidates.
Those candidates who were members of the National Assembly or any provincial assembly during the term 2008-2013 and were declared to have made any false declaration on account of their dual nationality will also stand disqualified.
Most importantly, those MNAs or MPAs who resigned fearing a court verdict against them and did not file an undertaking with their respective assemblies’ secretariats with regard to their ‘single nationality of Pakistan’ will also be disqualified. When the returning officers will send these lists along with undertakings and declarations to power and gas authorities, the defaulters would be ousted.
Similarly, NAB and the FIA will report any pending cases and evidence available with them against any candidate or any court’s decision against them to the returning officers. Police departments will also do so.
Most of the provisions to scrutinize the candidates are already there simply needing implementation. It is apparent that after the promulgation of new legislation, these sections and clauses of the law will be implemented.
Sher Afgan also told The News that besides many other steps to empower the ECP under the proposed legislation, complaint cells will be established in every district. He said monitors would be appointed on permanent basis in all districts who will report to the ECP about the expenses incurred by the candidates during election campaigns.
Section 12(8) of RPA reads: “(8) The nomination form and accompanying declarations and statements shall be open to inspection by the public, and copies thereof may be made available by the Commission in such manner and on payment of such fee as may be prescribed.” However, it was clear that under the new legislation, whether these lists along with undertakings and statements will also be made available on the website of the commission so that Section 12(8) could be implemented in letter and spirit and general public from any constituency can check these details easily and apprise the ECP of any wrong.
http://www.thenews.com.pk/Todays-News-13-20386-Draft-law-to-change-election-process-ready,-says-ECP
