ISLAMABAD: The Supreme Court asked the government on Thursday to honour its constitutional mandate and complete the Election Commission of Pakistan (ECP) by filling the offices of its members within the stipulated period of 45 days, ending on July 27.

“Our only concern is that the constitutional mandate should be implemented in letter and spirit, come what may,” observed Chief Justice Anwar Zaheer Jamali who was heading a two-judge bench.

The bench had taken up a suo motu notice of the ECP becoming non-functional since the commission was unable to perform the duties assigned to it under the Constitution and the electoral laws because of completion of the term of four of its members.

As a result, different election processes like holding of elections against vacant seats in the national and provincial assemblies, local government elections, issuance of notification of returned candidates and various other processes are not being completed, and the timelines provided are not being followed in accordance with the Constitution and the law.

On Thursday, Additional Attorney General Mohammad Waqar Rana assured the court that the consultative process for appointing members of the commission was on and members would be appointed soon since because of the absence of Prime Minister Nawaz Sharif from the country it could not take place earlier.

Under the 22nd Amendment to the Constitution, the members of the commission had to be appointed after consultation between the leader of the house as well as the leader of the opposition within 45 days. The four members of the commission had retired on June 12.

“We have nothing to do with whether the consultative process under the Constitution was completed or not or the prime minister was abroad,” the chief justice observed and said that “we are only concerned with that the constitutional provisions under Article 218 should be implemented at all cost”.

Why wait for the vacancies to be accrued, the chief justice regretted, adding that efforts should have been made in advance to select individuals to be appointed as members much before the actual vacancies.

This should have been done especially when the 22nd Amendment has enlarged the scope for the government, the chief justice observed and adjourned the proceedings to July 28 with an observation that the four offices of the members of the commission should be filled by July 27 at all cost.

Meanwhile, in a separate hearing regarding electoral reforms before the same bench, ECP Secretary Babar Yaqoob Fateh Mohammad submitted extracts from a meeting the ECP had held with senior counsel Hamid Khan and Advocate Bilal Minto in compliance with the earlier court directives to make proposals to curb illegal and corrupt practices and reduce election expenses by candidates contesting elections.

The proposals call for a complete ban on billboards, hoardings, banners, panaflexes, posters, flyers and all kinds of wall chalking.

Regarding provision for maximum opportunity of canvassing to political parties and contesting candidates, one of the proposals asks them to conduct door-to-door canvassing and distribute party manifestos and slips containing details of voters as per electoral rolls.

The proposals also seek a complete ban on public meetings, use of loudspeakers and car rallies. Only corner meetings and use of megaphones will be permissible with prior permission of the district administration under intimation to the ECP.

Other proposals call for a complete ban on provision of transport to voters by political parties and contesting candidates. But to facilitate voters, the commission will ensure establishment of polling stations within a radius of two kilometres as far as possible.

There will also be a complete ban on the establishment of election camps of all political parties on the polling day, whereas all kinds of campaigning, canvassing and persuading voters to vote in favour of a particular candidate on the election day will also not be allowed.

Likewise, announcement of development schemes, allocation of subscription/donation and inauguration of any development work will also be banned, though the sanctioned projects already in process will continue.

The government will also not be able to make bulk transfer/posting of government officials, employees of local government and autonomous bodies.

Similarly, the political advertisement of contesting candidates of political parties on private electronic media will also not be allowed. Only the state media will be utilised for political/electoral promotions. Pemra will ensure equal airtime to all political parties by issuing a constituency-wise schedule for all candidates.

The proposals also call for a ban on provision of lunch/dinner to the polling staff by political parties/contesting candidates on the election day as well as engaging polling agents from outside the electoral areas.

Moreover, a single bank account will be opened for the purpose of election with a scheduled bank on or before the filing of nomination papers to meet election expenses.

The commission, however, said that the agreed upon points would be finalised after sharing them with major political parties.

Published in Dawn, July 15th, 2016