EC says it has HC powers

Published August 1, 2002

ISLAMABAD, July 31: The Election Commission of Pakistan is empowered to issue such directions and orders as may be necessary for the performance of its functions, and it enjoys the powers of a high court for the execution of such orders.

An official of the EC explained on Wednesday that it had the powers to issue directions to the federal and provincial executive authorities for ensuring that no player had enjoyed unfair advantage.

Under Article 220 of the 1973 Constitution, read with the Election Commission Order, 2002, it is the duty of all the executive authorities in the federation and in the provinces to assist the Chief Election Commissioner and the EC in the discharge of his or their functions.

The EC in its recent order had stated that the executive authorities in the federation and in the provinces “shall not exercise undue influence, affecting the interest of any person intending to contest election, a contesting candidate or a political party for participating in the forthcoming elections, 2002.”

The EC in its directive had stated that the cabinet and establishment secretaries in the federation and chief secretaries in the provinces “shall ensure that the executive authorities shall act with neutrality and impartiality throughout the election process and shall not use official influence or governmental patronage in favour of a person intending to contest election or a contesting candidate or a political party in the forthcoming elections, in accordance with law.”

The EC stated that under Article 218(3) of the 1973 Constitution, read with the Election Commission Order, 2002, as amended, it was the duty of the EC to organize and conduct the election and to make such arrangements as were necessary to ensure that the elections were conducted honestly, justly, fairly and in accordance with law, and that corrupt practices were guarded against.

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