The Election Commission of Pakistan (ECP) requested on Monday that the Parliament enact laws giving it the authority to set a date for the upcoming elections.
Chief Election Commissioner (CEC) Sikander Sultan Raja made the demand in separate letters he wrote to Senate Chairman Sadiq Sanjrani and National Assembly Speaker Raja Pervez Ashraf.
The CEC stated in his letters that the conduct of elections is contingent upon the commission taking the appropriate measures to ensure that the requirements of honesty, justice, and fairness specified in Article 218(2) are met.
According to the Constitution, the Commission is the only adjudicator who can determine whether or not there are favorable conditions for holding elections. The letters stated, "This command is not subject to any authority.
In Sections 57(1) and 58 of the Election Act (2017), he has proposed revisions, and he has asked that these amendments be brought before the parliament.
According to the ECP, the NA speaker and Senate chairman have been asked to be presented to the Parliament for adoption with the following modifications in light of the facts and reasons outlined in the letter:
Section 57(1) states that the Commission must notify the public of the date or dates of the general elections and must ask the electorates to choose their representatives.
2. "Section 58 Notwithstanding anything contained in Section 57, the Commission may, at any time after the issuance of notification under sub-section (1) of that section, make such alterations in the Elections Programme announced in that notification for the different stages of the election or may issue a fresh Election Programme with the fresh poll date(s) as may, in its opinion to be recorded in writing, be necessary for the purposes of this Act."
The judgments of March 1 and April 5 have also stripped the ECP of its constitutional authority to decide whether the facts and circumstances are favorable for the conduct of elections at a specific time to meet the requirements outlined in Article 218.(3).
The CEC stated that the electoral body has consistently attempted to maintain the text and spirit of the law, fair play, and merit. He did, however, emphasize that the commission's writ had been repeatedly refuted in a systematic manner. The letters claimed that "in practice, ECP's authority has been eroded."
In his letters, CEC Raja discussed how the ECP's significant disciplinary actions in the past had been overturned or stayed, sending the message to dishonest officials that they could ignore the law while still engaging in "serious level irregularities in the discharge of their official functions." He also said that at the time, the ECP's authority was seriously undermined.
"Now that the Punjab elections are approaching, civil servants have been named as District Returning Officers (DROs), Returning Officers (ROs), and Assistant Returning Officers." (AROs). Why, given the situation, would they look up to ECP? read the letters.
The letter also discussed the subject of contempt in relation to the CEC and the commission members.
Chief Election Commissioner (CEC) Sikander Sultan Raja made the demand in separate letters he wrote to Senate Chairman Sadiq Sanjrani and National Assembly Speaker Raja Pervez Ashraf.
The CEC stated in his letters that the conduct of elections is contingent upon the commission taking the appropriate measures to ensure that the requirements of honesty, justice, and fairness specified in Article 218(2) are met.
According to the Constitution, the Commission is the only adjudicator who can determine whether or not there are favorable conditions for holding elections. The letters stated, "This command is not subject to any authority.
In Sections 57(1) and 58 of the Election Act (2017), he has proposed revisions, and he has asked that these amendments be brought before the parliament.
According to the ECP, the NA speaker and Senate chairman have been asked to be presented to the Parliament for adoption with the following modifications in light of the facts and reasons outlined in the letter:
Section 57(1) states that the Commission must notify the public of the date or dates of the general elections and must ask the electorates to choose their representatives.
2. "Section 58 Notwithstanding anything contained in Section 57, the Commission may, at any time after the issuance of notification under sub-section (1) of that section, make such alterations in the Elections Programme announced in that notification for the different stages of the election or may issue a fresh Election Programme with the fresh poll date(s) as may, in its opinion to be recorded in writing, be necessary for the purposes of this Act."
The judgments of March 1 and April 5 have also stripped the ECP of its constitutional authority to decide whether the facts and circumstances are favorable for the conduct of elections at a specific time to meet the requirements outlined in Article 218.(3).
The CEC stated that the electoral body has consistently attempted to maintain the text and spirit of the law, fair play, and merit. He did, however, emphasize that the commission's writ had been repeatedly refuted in a systematic manner. The letters claimed that "in practice, ECP's authority has been eroded."
In his letters, CEC Raja discussed how the ECP's significant disciplinary actions in the past had been overturned or stayed, sending the message to dishonest officials that they could ignore the law while still engaging in "serious level irregularities in the discharge of their official functions." He also said that at the time, the ECP's authority was seriously undermined.
"Now that the Punjab elections are approaching, civil servants have been named as District Returning Officers (DROs), Returning Officers (ROs), and Assistant Returning Officers." (AROs). Why, given the situation, would they look up to ECP? read the letters.
The letter also discussed the subject of contempt in relation to the CEC and the commission members.