FROM various national media outlets to parliamentary corridors, voices have occasionally been heard criticising the Election Commission of Pakistan (ECP) for having the authority to take notice of its contempt. Since the ECP is not a court of law, those who believe that it should not punish for contempt have fiercely opposed the law that allows it to do so under Section 10 of the Elections Act that was enacted in 2017.

Unfortunately, the opponents have overlooked the deeply ingrained reasoning of parliament that supports the ECP’s authority to penalise those indulging in blame-games without providing any kind of proof.

The ECP is exclusively responsible for holding free and fair elections, and making sure that there is transparency both before and during the voting process. Since its founding in 1956, this constitutional body has been carrying out its constitutional duties. But history demonstrates that every political party has always pointed the finger at the ECP when it loses an election.

Pakistan’s electoral history is littered with innumerable accusations of tampering, which have been followed by political unrest, chaos on the streets, and damage to both public and private property, costing the country rather heavily in every sense.

The main element that works as the driving force behind such politically driven protests and unfavourable post-election theatrics is the losing party’s constant public posturing that the winning party has illegally stolen its mandate with the ECP’s help.

Politicians would rather point the finger at the election commission for their loss in the election without providing any credible evidence or using legal channels like election tribunals to address any electoral complaint. Such baseless accusations, especially those made on electronic media with the aim of advancing their political agenda, place the ECP at the centre of contro-versy rather unnecessarily.

As a result of all this, the public’s faith in the democratic process appears to be eroding, and the commission’s efforts to uphold democracy and conduct impartial elections in accordance with the country’s Constitution are viewed with suspicion by the general public.

People never try to learn from the outcome of cases of election rigging in election tribunals, where the majority of such accusing politicians lose owing to a complete lack of evidence. People have a tendency to believe what is said initially, with complete disregard for the fact that nobody has proved anything. In fact, every party has failed to prove anything at the relevant forum. The general public’s perception of the election commission, as such, stands damaged.

In this instance, Section 10 of the Elections Act of 2017, which grants the ECP the right to hold the accusers and blamers in contempt, is a sane, valid and well-written law. The sole purpose of the law is to discourage baseless allegations.

Zaheer Ahmed
Deputy Director, Election Commission
Peshawar

Published in Dawn, December 3rd, 2023

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