ISLAMABAD: The Islamabad High Court (IHC) on Monday issued notice to Attorney General for Pakistan Khalid Jawed Khan in connection with a petition filed against the presidential ordinance that amended the Elections Act 2017 enabling public office holders to canvass in election campaigns.

While challenging the ordinance through Advocate Adil Aziz Qazi, ex-chairman of a union council Sardar Mehtab alleged that the government promulgated the presidential ordinance by bypassing the parliament.

The Election Commission of Pakistan (ECP) also expressed concerns over the amendment of the section that restricted the ministers to address the public rallies during the election campaigns. Recently, the ECP took stern actions against federal minister Ali Amin Gandapur and KP minister Shah Mohammad for breaching the elections rules and canvassing for the candidates contesting the local government elections.

The ECP reportedly expressed apprehensions that the government would be able to use its influence and state resources in elections, which would clearly mean denying a level-playing field to all contestants.

Section 181 of the Elections Act states: “No government functionary or elected representative, including a local government functionary or elected representative, shall announce any development scheme for a constituency after the announcement of the election programme of that constituency.”

Through the ordinance, promulgated by President Dr Arif Alvi, Section 181(A) has been added to the Elections Act. The new law allows a member of parliament, provincial assembly or elected member of local government, including member holding any other office under the Constitution or any other law, will be allowed to visit or address public meetings in “any area or constituency”.

The counsel argued that the ordinance was promulgated with mala fide intentions. He argued that the Senate session was abruptly prorogued for promulgation the ordinance. The manner in which the ordinance was promulgated suggested it was drafted well before time, he added.

After hearing the initial arguments, Justice Aamer Farooq sought legal assistance from the AGP and adjourned the proceedings till March 15.

Published in Dawn, March 1st, 2022