Political parties advised to adhere to ECP rules, regulations in by-elections

Author: APP

The Election Commission of Pakistan (ECP) has urged all political parties and candidates participating in the upcoming by-elections to uphold Pakistan’s Constitution, avoid actions that could harm national interests or institutions, comply with Election Commission regulations, and refrain from defaming the commission.

According to the code of conduct, high-ranking officials including the President, Prime Minister, Speaker/Deputy Speaker of assemblies, federal and provincial ministers, governors, mayors, and their deputies are prohibited from participating in election campaigns. However, members of the Senate and local government could participate in the campaign while observing strictly the Election Commission’s code of conduct.

Exceptions apply to speakers, deputy speakers, and local government office bearers contesting elections from their constituencies, provided they refrain from using official resources or announcing development schemes during their campaign.

Contestants must respect people’s rights as per the constitution and law, refrain from actions undermining Pakistan’s ideology, sovereignty, integrity, security, morality, public order, or judiciary and armed forces.

Violations may result in contempt under Section 10, of the Elections Act 2017.

The code prohibits the offering of gifts or inducements to influence candidates, mandates cooperation with law enforcement for election security, and requires political parties to ensure equal opportunity for men and women in the selecting of candidate, with a minimum representation of five percent women candidates. Additionally, they must adhere to Election Commission directives, maintain public order and morality, and refrain from maligning the Election Commission, with violations subject to contempt under the Elections Act 2017.

Contestants must cooperate with law enforcement for election security. Parties must provide equal opportunities for men and women in candidate selection, ensuring a minimum of five percent representation of women candidates as mandated by Section 206 of the Act.

Political parties, candidates, election agents, and their supporters are prohibited from barring any individual from becoming a candidate or exercising their right to vote based on gender identity. Parties must promote women’s participation in the electoral process. Destruction of election materials is considered a corrupt practice, and parties should discourage such actions among their workers.

Soliciting support from public servants or hindering the election process through their influence is illegal. Public servants are also prohibited from supporting any political party or candidate in a manner that could impact the election outcome. Contesting candidates and their supporters must avoid incitement to violence during the campaign and polling, condemn violence, and refrain from language that could lead to violence or cause harm to individuals or property.

On polling day, the code says contesting candidates can appoint polling agents at each polling station and three election agents for the entire constituency. However, during the counting and result consolidation, only one authorized agent per candidate will be present.

According to Section 133 of the Elections Act 2017, candidates must open a dedicated bank account for election expenses or designate an existing account, submitting a statement to the Returning Officer when filing nomination papers. All donations and expenditures related to the election must be deposited and made from this account, and candidates are prohibited from conducting any transactions other than election expenses from the nomination filing to the submission of the election expense return.

All election expense transactions should ideally involve GST registered entities. Candidate election expenses encompass costs incurred by individuals, political parties acting on the candidate’s behalf, or specifically for the candidate by a political party.

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