Code of conduct’s violation: ECP rejects appeals of three PTI MNAs

ISLAMABAD: Election Commission of Pakistan (ECP) has rejected the appeals of three members of National Assembly (MNAs) from Pakistan Tehreek-e-Insaf (PTI)—former defence minister Pervaiz Khattak, former communications minister Murad Saeed, and Junaid Akbar— against the decisions of district monitoring officers (DMOs) related to violation of electoral code of conduct in Khyber Pakhtunkhwa, and directed them to pay the related fine within a fortnight.

In this context, the commission announced on Thursday its decision related to appeals of the three PTI leaders.

Chief Election Commissioner Sikandar Sultan Raja headed the three-member bench that heard the case, comprising of Nisar Ahmed Durrani and Shah Muhammad Jatoi.

“For what has been discussed above, we find no merit in the instant appeal which is dismissed accordingly. We direct appellant to deposit fine within fortnight with the relevant authorities, failing which, action would be taken in accordance with law,” read the three separate orders issued in each appeal.

The fine has been imposed under Section 234 (3) of Elections Act 2017. The ECP also has the powers to disqualify any candidate from contesting LG polls if he/ she is found violating electoral code of conduct more than once under Section 234 (4) the same law.

The three legislators moved ECP against the decisions of the DMOs concerned. The DMO Lower Dir, last month, imposed a fine of Rs 50,000 each on Khattak and Saeed for public rally in the district in violation of electoral code of conduct for LG polls that were held on March 31. DMO Malakand imposed a fine of Rs 40,000 on Akbar for public rally in Malakand last month.

The ECP earlier imposed fine of Rs 50,000 each on Prime Minister Imran Khan, PTI Secretary-General Asad Umar and others for Lower Dir, Malakand and Swat public rallies ahead of LG elections.

However, Khan and Umar moved Islamabad High Court (IHC) against the ECP decision. The IHC has barred the electoral body from taking action against the two bigwigs. The ECP last month held consultative sessions with political parties and revised its code of conduct that bars public office-holders from visiting any area where elections are scheduled.

This did not go down well with the then federal government functionaries who were of the view that electoral body was not empowered to revise code of conduct after the issuance of Elections (Amendment) Ordinance 2022 in February.

“Notwithstanding anything to the contrary under this act, rule or code of conduct or any other law, a member of Parliament (Majlis-e-Shoora), provincial assembly or elected member of local government, including member holding any other office under the constitution or any other law – may visit or address public meetings in any area or constituency during election campaign,” this ordinance reads.

The 18 districts of KP where LG elections were held in tehsil/ city and village/ neighbourhood councils under second phase were: Swat, Upper Dir, Lower Dir, Upper Chitral, Lower Chitral, Shangla, Malakand, Kurram, Orakzai, Abbottabad, Battagram, Kolai Pallas, Mansehra, Torghar, Upper Kohistan, Lower Kohistan, North Waziristan and South Waziristan.

Copyright Business Recorder, 2022