The Election Commission of Pakistan (ECP) has slapped a fine of Rs50,000 each on Prime Minister Imran Khan and five others for violating the election watchdog’s code of conduct by addressing a public rally in Swat and Lower Dir, Khyber-Pakhtunkhwa.
A spokesperson for the ECP said that the election watchdog’s district monitoring officer of Swat imposed the penalty after the prime minister, federal and provincial ministers addressed the public gathering in Swat valley on March 16.
The ECP also imposed a fine Foreign Minister Shah Mehmood Qureshi, K-P Chief Minister Mehmood Khan, Communication Minister for Communications Murad Saeed, MNA Dr Amjad Ali and Mohibullah and others.
Media reports said that the ECP’s Mansehra district monitoring officer has issued a notice to Prime Minister Imran Khan asking him not to address a public meeting in Mansehra on March 25.
Earlier, the Islamabad High Court had rejected Prime Minister Imran Khan’s plea seeking to stop the ECP from carrying out its proceedings over its notices over violation of the election code of conduct.
Planning Minister Asad Umar had challenged the notices issued by the ECP to Prime Minister Imran Khan and others for holding a public rally in Lower Dir two weeks ago.
When the IHC bench headed by Justice Aamir Farooq took up the case, Barrister Ali Zafar had argued that the ECP’s code of conduct for political parties cannot reject a law passed by Parliament.
He had said that under the Election Act, a designated officer of the election commission can only slap a fine of Rs50,000 for violating the election law and rules, not to mention the violation of the code of conduct. The election officer can impose a fine only against the candidate or the party, he argued.
The new February 2021 law allows the prime minister and ministers to address an election rally provided no development projects were announced at the rally. He said that the election commission on March 10 allowed only lawmakers to address rallies and partially followed the new law.
The election commission, while issuing an order under Article 218 of the Constitution, rejected the permission granted to those holding public office in government law, Barrister Ali Zafar said.
To this, Justice Aamir Farooq asked if the election commission not issue a code of conduct under the Constitution? Does the constitutional mandate for holding free elections not include the code of conduct?
The judge asked what if tomorrow one restricts the constitutional authority of the high court to hear the writ petition by making legislation? No constitutional power can be abolished by enacting a law, Justice Amir Farooq observed.
Barrister Ali Zafar said that the Supreme Court has held that the Constitution does not allow the election commission to legislate, the code of conduct does not dominate the provisions of the law,
To this, Justice Aamir Farooq had said where the Constitution’s provision 218 comes, how can this trespasses the law.
The judge had asked why Imran Khan does not appear before the election commission? “The government has opened an ordinance factory superseding the Parliament’s authority.
Barrister Ali Zafar pleaded that the election commission’s order subjugating the law should be suspended or it be barred from taking any further action on the notice.
Justice Aamir Farooq had said that what will happen if everyone challenges the jurisdiction of the institutions. Imran Khan’s conduct is not proper, he should have appeared before the election commission. We only issue notices.
The IHC after rejecting the PM’s plea had issued notice to parties concerned and the Attorney General for Pakistan and adjourned the hearing.
