Election Commission of Pakistan (ECP) on Wednesday issued a code of conduct for the by-elections of NA-120 barring Punjab Chief Minister Shehbaz Sharif from taking part in his own poll which has been the source of much debate.
The National Assembly seat in Lahore is now vacant after the disqualification of Prime Minister Nawaz Sharif by the Supreme Court last week. The polling of the seat has been scheduled for Sept 17.
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Analysts have expressed confusion over how CM can be barred from canvassing if the law permits a candidate to run for a house even if he is a member of another
The code of conduct issued by the ECP for this crucial by-election states: “After the issuance of schedule of by-election, the president, prime minister, chairman and deputy chairman Senate, speakers of assemblies, federal ministers, ministers of state, governor, chief minister, provincial ministers and advisers to the prime minister and the chief minister, members of the national and provincial assemblies 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”
According to the code of conduct, all these public office-holders, including the chief minister of Punjab who is a potential candidate for the by-election to NA-120, have been prohibited from visiting the constituency or a polling station after the issuance of the poll schedule. It warned that legal action would be taken under Section 103A of the Representation of the Peoples Act 1976, relating to contempt proceedings, against any individual found in violation of these rules.
Analysts have expressed confusion as to why and how CM can be barred from canvassing if the law permits a candidate to run for a house even if he is a member of another.
The code of conduct was issued by the ECP in accordance with Article 218(3) of the Constitution, read with Article 220, and Article 18 of the Political Parties Order of 2002 (Chief Executive’s Order No 18 of 2002), Workers Party of Pakistan Case (PLD 2012 so 681) and all other related powers.
“The contents of this code of conduct shall be considered as directives of ECP and violation of any of its clauses thereof shall be proceeded against under Article 204 of the Constitution, read with Section 103A of the Representation of the Peoples’ Act,” the preamble to the code warns.
A senior official of the ECP said a clearer picture would materialize after the submission of nomination papers by Shehbaz Sharif for the by-election to NA-120.
Observers wondered how the holder of a public office could be banned from taking part in his own election campaign when the law clearly permits a legislator to contest election for another house without tendering resignation. They believed the code of conduct would confuse the returning officer even more than it did the ECP.
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A senior official of the ECP said a clearer picture would materialize after the submission of nomination papers by Shehbaz Sharif for the by-election to NA-120. He said the code had been issued as a standard practice and might be amended by the commission if the sitting chief minister’s candidature was accepted.
He agreed with an interpretation that the Supreme Court’s judgment barring public office-holders from electioneering in the Workers Party case was general in nature. “This is a unique situation because if the chief minister of Punjab files nomination papers, he will not be campaigning for somebody else but for himself and this right can in no way be taken away from him.”
The ECP also reminded candidates that their election expenses could not legally exceed Rs.1.5 million and they must use a dedicated account for all transactions related to poll expenses.