ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday withdrew summons it had issued to Imran Khan just the previous day to explain his purportedly illegal plan to campaign for his PTI candidates in the upcoming local government election.

An announcement by the ECP, which held that PTI chairman’s campaign would violate the code of conduct for the election, said reports by District Returning Officer confirming that PTI had cancelled its campaign rally in Haripur schedule for Tuesday was behind the action.

Still doubts surfaced about the real reason as a few hours before the ECP announcement the PTI Secretary General Jehangir Tareen had submitted a letter to the ECP challenging the action, and seeking withdrawal of the notice ECP issued to party chairman Imran Khan to appear before it on May 25.

It also called for suspension of the code of conduct issued for political parties and the contesting candidates, and stressed that all political parties should be provided a fair opportunity of consultation to meet the requirements of Article 218 (3) of the Constitution and other provisions of law.

Addressed to the chief election commissioner, the letter questioned the legality of the code of conduct issued for the LG polls in PTI-ruled Khyber Pakhtunkhwa province.

Not only the code was inconsistent with Article 218(3), the letter said that under Section 18 of the Political Parties Order 2002, the ECP was bound to prepare the code of conduct in consultation with the political parties, but it did not.

“Thus the code has no sanctity in the eyes of law,” asserted the PTI.

“We strongly feel that it is discriminatory for PTI if the chairman of the party is disallowed from going across KP in party-based elections to spread the message of devolution of local governance which is a central part of the PTI manifesto. We have no objection to other party leaders who do not hold government office holding jalsas (rallies) as well. The real point is that the party leaders should not announce any development projects/schemes or allocate funds or be accompanied by government officials,” it said.

While Article 218(3) of the Constitution binds the ECP to conduct elections honestly, justly and fairly, the Constitution also ensures that all activities before, on and subsequent to the polling day adhere to standards of justness and fairness, are honest, in accordance with law and free from corrupt and illegal practices, the letter said.

It is the fundamental right of the party leader to take his party’s message to the people. Nor he can be restricted even if he is MNA, according to the PTI.

“This act of ECP is taking away the constitutional right of the party chairman to take his message to the people,” said the letter, referring to section 6 of the Election Commission Order 2002 which provides that the ECP shall exercise its powers for doing complete justice in any matter pending before it.

Published in Dawn, May 20th, 2015

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