CEC says gender bar in polls unacceptable: Warning of punitive action
By Nasir Iqbal
ISLAMABAD, July 25: Acting Chief Election Commissioner Justice Abdul Hameed Dogar on Monday threatened to take punitive action against groups in NWFP districts that barred womenfolk from the upcoming local government elections.
“It is the inalienable right of every eligible citizen of Pakistan, both men and women, to contest any election or cast votes to elect representatives of their choice,” the CEC was quoted as saying by the Election Commission secretary, Kanwar Dilshad.
Reportedly notables and prominent leaders of Dir and Battagram have unanimously pledged not to allow their womenfolk to participate in the elections both as candidates and voters.
There can be no discrimination on the basis of sex, under the Constitution, while Section 168 of the Local Government Ordinances 2001 describes a person guilty of exerting undue influence if he threatens, restrains or indulges in violence, inflicts or damage, harm or loss to compel a person from voting or to withdraw his candidature from the elections, he said.
The secretary said that Islamic injunctions also provide equal right to women — a right also clearly quoted in the last Sermon of the Holy Prophet (PBUH). The code of conduct for the candidates of the LG polls 2005 also restrains candidates and their workers from propagating on the basis of gender, against participation of any person in the elections.
“In case it comes to the Election Commission’s notice that women are not being allowed by a person to contest the election or to cast votes at the polling stations, he will be dealt with in accordance with the law,” the secretary said.
He also cited a March 2004 Peshawar High Court judgment in Ms Jamala versus the CEC case in which it was held that threats of dire consequences or agreements amongst candidates cannot curb or fetter the rights of a voter.
He also recalled that the commission had already ordered re-polling by cancelling elections in PB-12 Qila Abdullah Balochistan as women voters had not been allowed to cast votes at polling stations or even those places that had been established exclusively for them.
The CEC has also taken notice of reports that some candidates, their proposers and seconders had either been kidnapped or detained to prevent them from attending the scrutiny of nomination papers in the premises of the courts.
The CEC also called reports by July 26 from the Chief Secretary, Provincial Police Officer Sindh, District Returning Officers, District and Sessions Judges Hyderabad, Ghotki, Umerkot, Tharparkar, Jamshoro and Karachi (Central) in this regard.
He has again reminded all government functionaries and candidates to follow the code of conduct in letter and spirit and avoid violating the code as it could render them liable for appropriate action in accordance with the law.
