J INTHE ISLAMABAD HIGH COURT, ISLAMABAD. ‘Writ Petition No......c.ss+++/2022 Imran Ahmed Khan Niazi ete. VERSUS Federation of Pakistan etc. PETITION UNDER ARTI 199 OF THE CON! [ON_OF ISLAMIC REPUBLIC OF PAKISTAN, 1973. INDEX SNe Deveiption ofDowuments Annex _—_Dated_—_Paes 1. WritPetition alongwith Affidavit 16/03/2022 01-12 2. ECP Order A 10/03/2022, 13-17 3. Notice B 11/03/2022 18-19 4, Dispensation Application with Affidavit 16/03/2022 20-21 5. Stay Application alongwith Affidavit 16/03/2022 22-24 6%, Power of Attorney ee PETITIONERS Counsel Mandviwalla & Zafar Zafar Chambers 70B-1, Aziz. Avenue Canal Bank, Gulberg V Lahore. | / a Scanned with CamScannerWrit Petition No.. 2022 1. Imran Khan s/o Ikram Ullah Niazi r/o Bani Galla, Islamabad. 2. Mr. Asad Umar s/o Major General (Retd.) Ghulam Umar r/o Flat No.716, Silver ‘Oaks, Section F-10, Islamabad. _- PETITIONERS VERSUS 1. Election Commission of Pakistan, Election House, Constitution Avenue, G-5/2, Islamabad through its Chairman. 2, Federation of Pakistan through Secretary Cabinet, Cabinet Division, Government of Pakistan, Islamabad. RESPONDENTS WRIT_PETITION_UNDE] ICLE_199 0 E_CONS ION _O) ISLAMIC REPUBLIC OF PAKISTAN. 1973. Respectfully Sheweth: - 1. That the addresses given inthe title ofthe writ petition are correct and sufficient for the purpose of effecting service upon the parties 2, That the questions of law involved in this are: ~ (Whether the Commission can amend and nullify the provisions of Tlections Aet, 2017 by issuing a Code of Conduct of elections? Whether in case of conflict the provisions af fhe Elections Act, 2017, ‘overrule any provisions of the Code of Conduct? (ii) Whether the Commission has power to legislate under the Constitution? (iv) Whether the Commission has power {0 declare @ provision of the Elections Act, 2017 as ultra vires and void of the Constitution? (%) Whether the Commission is bound by the law namely the Elections Act, 2017 and require to follow it in leter and spirit? Scanned with CamScanner(09) Whether the Commission has power nner Section 254 of the Elections ae adjudicate against any person who is not a candidate or the ical party for alleged vielations of the Code of Conduct? ‘That the brief facts relating to this case are as follows: - (i) That the law to amend, consolidate and unify laws relating to the conduct of elections and matters connected therewith or ancillary thereto is contained in the Elections Act, 2017. (ii) ‘That under Section 233 of the Elections Act, 2017, the Election ‘Commission of Pakistan (the “Commission”) in consultation with political parties is to frame a Cade of Conduct for political parties, contesting candidates election officers and polling agents, which isto be published in the Official Gazette (ii) ‘That the Code of Conduct is a consensual document. It's obvious that the came cannot override the provisions of the Eletions Act, 2017 or the Rules framed thereunder or any other law in force in Pakistan. The power the Code of Conduct for election certainly does not authorize or give any ‘override the provisions of any to issue jurisdiction or power to the Commission to raw or rules in force in Pakistan, including the Elections Act, 2017- (iv) That under Section 234 of the Bletions Act, 2017, the Commission shall constitute a monitoring ‘eam to monitor the election campaigns of candidates and political parties and report to the Commission for the purposes of deciding complaints regarding any violations by a candidate or apolitical party of any provisions ofthe Blections Act, 2017 or the Rules or the Code of Conduct, The officer nominated by the Commission, who receives any report of violation of the Act or the Rules made thereunder, can impose a fine not exceeding Rs-50,000!- If the candidate or political party is found guilty ofthe violation ofthe Fletions Act 2017or the Rules for the second time then the nominated officer may refer the matter f© the Commission for initiation of proceedings against such a candidate or political party including proceedings for disqualification. (That to sum up, under Section 234 of the Elections Act, 2017, the officer rnominated by the Commission can examine and decide upon the complaint regarding violation by a candidate ora politcal party of any provisions oF Scanned with CamScannerwi) (wii) the Elections Act, 2017 or the Rules. Pirstly, there is no jurisdiction or power with an officer nominated by the Commission to decide a complaint regarding violation of the Elections Act, 2017 or Rules against » person other than a candidate ora political party. The officer cannot therefore take cognizance of and has no jurisdiction to decide a matter regarding # complaint agains third partes or other members ofthe political parties. Nor cean the officer issue any notices to such third parties. Secondly, if any ins of the Elections Act, candidate or political party violates any provi 2017 or the Rules then the officer concerned may impose 2 fine not exceeding Rs.50,000/- upon such a candidate or political party and not 2 third party. Thirdly, the jurisdiction of the officer concermed is restricted to violations of the Election Act, 2017 or the Rules and does not extend t0 rons of any Code of Conduct. Accordingly, as far as the Code of is concemed, the officer of the Commission cannot pass any punishment or impose a fine or other sanctions against the candidate or the political party for violation ofthe Code of Conduct. Consequently, itis only incase ofa second violation ofthe Elections Act, 2017 or the Rules that the er the matter to the Commission for viol Conduct officer of the Commission may re initiation of proceedings against the candidate or the political party which may include proceedings fr disqualification. There being no jurisdiction or ty available with the officer ofthe Commission to refer the power or authori induct by @ to the Commission in case of violation of the Code of Cor al party, the Commission cannot take any action under ly take proceedings matter candidate or a polit Section 334 also. In addition, the Commission can onl 1 an offence under the for disqualification if a person has been convicted fo lections Act, 2017 or has been found guilty of any corrupt or illegsl practice by « Tribunal. Accordingly, the Commission has no power wPo® receipt of a second complaint to initiate proceedings for disqualification of the candidate or political party ‘That a Code of Conduct was prepared by the Commission for the Local Government Election in 2021-22 in the Province of Khyber Pakhtunkhwa. In clause 16 of the Code of Conduct, it was pr rovided that all public office holders shall not participate in any election campaign whatsoever. ‘That vide Section 181-A of the Blections Act, 2017, the members of Parliament, Provincial Assemblies, clected members of the local Scanned with CamScanner(x) oo i) governments including members holding any ‘other office under the Constitution or any other law are allowed to visitor address public meetings in any area or constituency during the election campaign. This permission to visit or address public meetings has been expressly made subject 10 Section 170A(iv), 175(h), 180(i), 181 and 182 of the Elections Act, 2017. ‘That the Commission has no jurisdiction, authority or right to override the Section 181-A by issuing any order or making & Code of provisions of Conduct, Nor ean it declare the same as ultra vires the Constitution or any provision of the Election Act, 2017. ‘That however, the Commission decided to convene @ “consultative meeting” on 08/03/2022 with the political parties to discuss the effect of Section 181-A ibid. tance and violation of the Elections Act, ‘That after the meeting, and in defi .d an order dated 2017 and the Constitution, the Commission passe ich the Commission stated that the Seetion 181-A is in 10/03/2022 in whi sion decided ict with the provisions of Section 233. The Commis ay that: - direct confi to then amend clause 16 of the Code of Conduct to s embers of National Assembly, Provincial (@ Parliamentarians i.c. m ‘momblies, Senate and Locel Governments are allowed ‘0 participate in election campaigns; (b) However public office holders, including the President, Prime Minister, Chairman/Deputy Chairman Senate, Speaker/Deputy Speaker of an assembly, Federal Minister, Provincial Ministers, JGeisors to Prime Minister, Mayors, Nazims etc. shall not participate in any manner whatsoever. ‘That the amendment in clause 16 is contrary to Section 181-A of the lections Act, 2017 and, hence, ultra vires. The contention of the Commission in the order dated 10/03/2022 that Section 181-A is in conflict with the provisions of Section 233 of the Elections Act, 2017 and hence can be ignored is factually and legally incorrect nor does the Commission has any jurisdiction or power to make such a declaration. Similarly, the view of the Commission expressed in the order dated 10/03/2022 that Section 181- Abas direct impact on the transparency of the elections and negates the very concept of level playing field, and, hence, can be declared to be of no legal effect and ignored is also factually and legally incorrect. The Commission / z ® Scanned with CamScannerswrsper (xiii) (xiv) has no jurisdiction or power to declare Section 181-A as illegal or void and of no effect on ay ground whatsoever. Under the Constiion and laws of Pakistan, the jurisdiction to declare any law ultra vires or void is only available with the Superior Cours of Pakistan in exercise of powers under the Constitution and only on the grounds on which laws can be declared to be ultra vires the Constitution. ‘That notwithstanding the afore-mentioned legal position, the offier of the Commission namely the District Monitoring Officer issued a notice dated 11/03/2022 purporting to be under Section 234 ofthe Eleetions Act, 2017 to, amongst others, the Petitioners, stating that the Petitioners have participated in a jalsa/public gathering in violation ofthe revised Code of Conduct and why an action under Section 234 may not be taken against them. “That in issuing said notices, the officer ofthe Commission, who is acting on behalf of the Commission, has ignored the provisions of Section 181-4 of the Elections Act, 2017 and considered thatthe same has been declared to be void and of no legal effect by virtue ofthe order of the Commission dated 10/03/2022. In addition, the officer on behalf ofthe Commission has even ignored the provisions of Section 234 in which the officer of the Commission ean only issue notices to candidates or the politcal parties and not to the Petitioners’ who, are individual member of the political party concemed, Furthermore, the officer ean only issue notices 10 hold a summary enquiry in ease there is any reported violation of the Elections ‘Act, 2017 or the Rules and notin respect of any reported ‘violation of the Code of Conduct. tis important to reiterate thet Seetion 2340) only refers to violations ofthe “Blections Act, 2017 or the Rules” and not the Code of Conduct. “That itis pertinent to note that a counsel on behalf of the Petitioner No.1 appeared before the officer of the Commission indeed and requested for time to submit reply. However, only two days’ time was given. “That the order of the Commission dated 10/03/2022, the amended clause 16 of the Code of Conduct and the notices dated 11/03/2022 are unlawful, illegal, without jurisdiction and void ab initio inter alia’ on the following Scanned with CamScanner“ ®) © @) GROUNDS: - “That under the Constitution and the law, the Commission has no jurisdiction or authority or power to declare Section 181-A to be ultra vies the Constitution, illegal, void br pf no effect. In the order dated 10/03/2022, the Commission has stepped into the shoes of the legislature and considered itself as a supra constitutional legislative forum which can, on its own, decide to supersede and ignore law by passing a Code of Conduct It is respectfully submited that the order dated 10/03/2022 is liable to be declared unlawful and illegal on this ground alone. ‘That under Article 89 of the Constitution, an Ordinance has the same force as the Act of a Parliament. Section 181-A is part of the Elections Act, 2017 by virtue ofthe Constitution. The Commission ig not a Court of Law and under Article 199 or 184(3) of the Elections Act, 2017, whether {0 be mull and void. thas not been given jurisdiction or power Constitution to declare any provision of the inserted by an ordinance or otherwise by the Parliaments ‘The Commission by passing the Code of Conduct and ordering that it overrides Section 181-A has assumed the powers of & Court of Law in It is submitted that since the addition to the powers of a legislative body: to issue the ofder dated ‘Commission is not a Court of Law it has no power 10/03/2022. an ordinance promulgated by the President in ‘That under the Constitution, and effect as an pursuance of powers under Article 189 has the same force act of Majlis--Shoora (Parliament), The Commission has therefore n0 jurisdiction, authority or right 0 override the provisions of the Ordit the Ordinance, section 181(A) is part and parcel of the is bound by the same. The By virtue o Act, 2017 and the Commission i Elections conduct or by making any rules Commission cannot through the Code of C ypass or ignore or declare ultra vires or by any other process override or b any provision ofthe Blections Act, 2017, ‘That itis well-established that no sub-ordinate legislation like rules or «ease the Code of Conduct, can override the Taw regulations or as in thi ‘conflict between a law and under which they are made. In fact if there is subordinate delegated rules/egulations or as in this ase the Code of Scanned with CamScanner® © ‘Conduct, then the Iaw prevails, The Code of Conduct is a consensual code which is of a lower category even than the rules or regulations. The Code ‘of Conduct issued by the Commission hence cannot override the Elections ‘Act, 2017, The revised clause 16 in the Code of Conduct in fact is in clear violation of and contrary to Section 181-A, and, hence, ultra vires. No reliance can hence be placed on the revised Code of Conduet. The order of the Commission dated 10/03/2022 in which the Code of Conduct was revised, the revised Code of Conduct itself and the notices based on the same are hence ultra vires the Elections Act, 2017 and are liable to be declared as such. That in the order dated 10/03/2022, the Commission has relied on the provisions of Article 218(3) of the Constitution read with Section 222 and the judgement of the Supreme Court in the Workers Party case PLD 2012 SC _681 as if it has the power to overtide provisions of Section 181-A through exercise of power to issue the Code of Conduct. In fact the Commission has declared Section 181-A ultra vires in law. Ttis submitted that Article 218(3) of the Constitution does not allow the Commission to declare any provision of the Elections Act, 2017 ultra vires the Constitution or ignore it. In fact, Article 218(3) effectively states that it is the Commission's duty to ensure that elections are conducted in accordance with law, This does not give the power to the Commission to act as @ legislative body and through the Code of Conduct nullify the effet ofthe Blections Act, 2017 itself or any provision thereof. Nor does it allow the Commission to declare the law to be ultra vires. Inthe latest judgement of the Hon’ble Supreme Court of Pakistan passed in the case of Muhammad ‘Salman 2021 SCMR 1675, the Hon’ble Supreme Court of Pakistan has already determined thatthe provisions of Section 218(3) ofthe Constitution ‘cannot be used by the Commission to disqualify @ person if suck power is not available with the Commission under the Elections Act, 2017 itself Similarly, Section 233 does not give any jurisdiction or power to the ‘Commission to pass any such orders declaring the provision of the Blection ‘Act, 2017 as ultra vires and of no effect. ‘That it is submitted that any action of the officer of the Commission issued in pursuance of the order dated 10/03/2022 or the revised rules is itself illegal having been issued on the basis of void orders and ultra vires revised Scanned with CamScanner@ (Code of Conduct. It is further submitted that even otherwise under Section 234@3) of the Elections Act, 2017, the officer of the Commission who acting atthe behest or on behalf of or on the directions of the Commission cannot hold an enquiry against a person other than the eandidate or the political party nor ean it hold an enquiry for violation of the Code of Conduct even against the candidate or. political party, In view of this ‘matter, the order of the Commission dated 10/03/2022 and its directions 10 its officers as well as the notices issued to the Petitioners on alleged violations of the Code of Conduct (who neither are the candidates nor politcal party), are illegal and liable to be declared as such. Section 234 does not give any jurisdiction to the officer concerned to hold an enquiry for violation of Code of Conduct. The notices are hence in violation ofthe Code of Conduct and as such unlawful, illegal and liable to be quashed. ‘That the amendment in the Code of Conduct is also illegal and violative of ‘Anticles 17 and 19 of the Constitution. The Constitution envisages the Parliamentary form of Government ‘and local bodies’ elections are also being held on the basis of political parties. Jalsas/meetings, gatherings, speeches etc. are all an integral part of the political activity. It is the fundamental right of each Parliamentarian, irrespective of whether he holds public office, and every individual, 1o participate fully in the political activities which include the election campaign. ‘The fundamental rights of «freedom of assembly” enshrined in Article 16, ‘freedom of association’ in [Article 17 and ‘freedom of speech’ in Article 19 have been interpreted time and again by the Superior Courts of Pakistan to mean the right of every person to speak and participate in gathering and meetings, hold rallies and do all kinds of political activities. This activity cannot be curtailed or restricted. By virtue of the Code of Conduct, the Commission has absolutely prohibited such political act ty which makes the order void being contrary to the fundamental rights mentioned above as guaranteed in the Constitution, The faimess of election is not at all effected if public office holders are allowed to participate in such rallies and address the people and in fact itis their fundamental right to do so and any Jaw or code of conduct taking away this right would be unconstitutional and void. In fact the Elections Act, 2017 already caters for ensuring that the elections are ‘conducted fairly and has made provision in Section 170 to ensure that no person is guilty of exercising undue influence. In particular in Article j Scanned with CamScannerie, ® 170(a)(e) its provided that a person shal be guilty of undue influence if he uses or threatens to use any official influence ot governmental patronage. Section 181-A is subject to this provision ofthe law. Similarly, Seetion 175 of the Elections Act, 2017 provides for faimess by ereating the offence of illegal practice. In particular Section 175(h) states that a person would be guilty of illegal practice ifhe violates prohibition on public meetings during a certain period as provided in Section 182. This is why Section 181-A is ade subject to Sections 175(h) and 182 (which provides that no Person shall hold meeting during the period of 48 hours in the constituency): In order to ensure that thee is no undue influence, Section 181-A states thet no political party shall run a publicity campaign in print and electronic media atthe cot of public exchequer. Section 181-A has accordingly Been rade subject to this. In addition, to further ensure that there is n° undue influence, Section 181 prohibits announcement of any development scheme after the announcement of the election program. Section in the constituency law also. Hence the 181-A has been made subject to this provision of legislature ie, Elections Act, 2017 very clearly provides for ensuring that there is no undue influence and that the elections are conducted fairy, justly and honestly. The Flections Act, 2017 also provides the reasonable son the exercise of fundamental rights of political activity. Conduct that restriction However by putting a provision in the Code of Parliamentarians may participate in clection campaign and totally prohibiting public office holders from participating in election ‘campaign, beyond the scope and ambit ofthe Elections Act, thereof. Only the the Commission has acted 2017 and the Constitution and in fact in contravention tre has the power to declare whether the public office holders should Iegislat the Commission cannot be allowed to attend campaigns or not. However, exercise the power ofthe Parliament under the garb of issuance of the Code of Conduct and that too in violation ofthe fundamental rights enshrined in the Constitution. ‘That the judgement of PLD 2012 SC 681 nor any other judgement of the Superior Courts allows the Commission to override the provisions of Elections Act, 2017 or to declare the same ultra vires or to ignore anything contained therein. The Commission wrongly relied upon the aforesaid judgement while passing the order dated 10/03/2022 Scanned with CamScannerv7 i, 4 (1) That in the order dated 10/03/2022, the Commission has come tothe view that Article 181-A is in direct conflict with Section 233. It is submited that there is no such conflict. Section 233 provides for Code of Conduct which has to be agreed with the political partes and the same must be within the four comers ofthe Elections Act, 2017 and not beyond. Section 233 does not give the power and mandate to the Commission to pass laws, The Commission algo cannot through the Code of Conduct override the provision of the Elections Act, 2017. There is hence no conflict between Section 233 and 181-A. Furthermore itis not forthe Commission to decide to ignore the provision of Section 181-A on the basis of any so-called conflict with eny other provision of the Elections Act, 2017, Such an exercise o authority o jurisdiction cannot be exeresed by the Commission. “The very basis ofthe order dated 10/03/2022 is hence illegal jssion that Section 181-A has a direct impact (That the findings of the Commi pt of level oon the transparency of the election and negates the very cone ing field, is also wholly incorrect. In fact the restriction on the public tical campaign violates their litical party and pl officer holders from participating in the pol fundamental rights and the fundamental right of the pol tof pariiamentary democracy which is enshrined ia negates the very concet the Constitution. In any case, to declare a provision of the Elections Act, 2017 or impact on the transparency of the Commission has no jurisdiction or power any other law as ultra vires on the so-called ground that it has an lection or negates the concept of level playing field. PRAYER In view of the aforesaid submissions, 10/03/2022 of the Commission, the amended clause 16 section 233 of the Elections Act, 2017 and the it is most respectfully prayed that the order dated of the Code of Conduct issued in the purported exercise of the powers under S notices dated 11/03/2022 may kindly be declared to be illegal, unlawful, void and ultra vibsof the Constitution. , the order dated 10/03/2022 of It is further payed that during the pendency of this pet the Commission, the amended clause 16 of the Code of Conduct and the notices dated 11/03/2022 may kindly be suspended in the interest of justice Scanned with CamScanner@ 7 “Seqh Any other reli which ths Hon'ble Court may deem fit inthe circumstances of the cease may also be granted to the Petitioners. 7 ETITIONERS Through / Barrister-at-Law | ee ‘Advocate Supreme Court 7 i hee 2. bh Relat The Nt (Zahid wae ma) “. as ‘Advocate Supreme Court CONG 40 FPL Mandviwalla & Zafar ‘7/B-1, Aziz Avenue, Canal Bank, Gulberg V, Lahore. Certificate: 1. Certified that as per the instructions of the Petitioners this is the fist petition on the issue before this Hon’ble Court. of violation of the legal obligations by the no other efficacious and speedy 2. This petition is arising out Respondents therefore, Petitioners have remedy. Scanned with CamScannerWrit Petition No.. (2022 Imran Khan and others va, Election Commission of Pakistan and others ONSTITUTIONAL PETITION UNDER 8 THE SONSTITUT ION OF THE ISLAMIC REPUBLI -AKIST, Affidavit of: 1, the above named deponent do hereby solemnly declare and affirm as under: 1, That the above named deponent has filed accompanying petition before this Hon'ble Court and the contents of the same may kindly be read as an integral art of this affidavit. 2. That the contents of the accompanying petition are true and correct to the best of my knowledge and belief and nothing has been concealed thereof, DEPONENT VERIFICATION: Verified on oath at Islamabad on this day of March, 2022 that the contents of the ‘Swabove affidavit are true to the best of my knowledge and belief. DEPONENT Scanned with CamScannerWHEREAS, the Election Act, 2017 has been amended by inserting-Se 181-A through ordinance No, 1 of 2022 (XXxill of 2017). AND WHEREAS, Section 181-A says that “Notwithstanding anything to the contrary under this act, rule or code of conduct or any other law, @ member of porliament (Majlis € shoora), provincial assembly or elected member of local government, including member holding any ather office under the constitution or any other law shall, subject to section 170 clause(a) subsection (V),175(h), subsection (1) of section 180, 181 ond 182, may visit or address public meetings in ‘any@{ea or constituency during election campaign’. AND WHEREAS, Section 233 of Elections Act, 2017 mandates the Election Commission to frame a code of conduct for political parties, contesting candidates, election agents and polling agents in consultation with political parties. AND WHEREAS, the Election Commission issued the code of conduct for the political parties, contesting candidates and election agents for the Local Government Elections in 2021-22 in the province of Khyber Pakhtunkhuwa; AND WHEREAS, clause 16 of the code of conduct provides that the President, Prime Minister, Chairman/ Deputy Chairman Senate, Speaker/ Deputy Speaker of an Assembly, Federal Ministers, Ministers of State, Governors, Chief Ministers and Advisors to the Prime Minister and the Chief Ministers, Mayors/ Chairman/ Nazim, their deputies and other public office holders shall not participate in election campaign in any manner whatsoever; [AND WHEREAS, Section 181-A ibid permits members of Parliament, Provincial Assemblies or elected members of local government including members holding any other office under the Constitutign or any other law subject to section 170 clause (a) sub-clause (v), 175 (h (Aibzgectoits) of section 180, Ion Caps Scanned with CamScannera 182 and 182 ma Y visit or addross public mow senescent Public meetings In any area or constituency comms WHEREAS, Article 218(3) of the Constitution mandates the Election lon to organize and conduct the alection and to make such arrangements as are necessary to ensure that the election Is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against. AND WHEREAS, Article 222 of the Constitution empowers the parliament to legislate on the conduct of Election and matters relating to corrupt practices but categorically provides that “no such law shall have the effect of taking away or abridging any of the powers of the Commissioner of the Commission”. AND WHEREAS, the Commission In consultation with the political parties framed a code of conduct to be observed by the political parties, contesting candidates, election agents and polling agents. AND WHEREAS, The code of conduct Inter alla restricts participation in election campaign in any manner what so ever by the president, prime minister, chairman/deputy chairman senate, speaker/deputy speaker of an assembly, federal minsters, ministers of state, governors, chief ministers, provincial ministers and advisors to the prime minister and the chief ministers, mayors/chalrman/Nazim, their deputies and other public office holders. AND WHEREAS, It is the requirement of law that Election Commission of Pakistan shall formulate the code of conduct in consultation with the political parties. However the subject ordinance has been promulgated by side-stepping ‘the mandate of the Election Commission as well as the political parties. AND WHEREAS, after promulgation of above ordinance, the Commission decided to convene a consultative meeting on 08-03-2022 with the political parties to improve the code of conduct which was shared with them and also to solicit their views inter alia, on the amendment made by the government through Ordinance ibid by inserting section 181-A. Scanned with CamScanner‘90nd, ; AND a wi : acer aeteT Jajority of the representatives of the political 7 at the parliamentarians i.e. members national — and provincial assemblies and senate should be allowed to participate in the election campaign except the public office holders including president, prime minister, chairman/deputy chairman senate, speaker/deputy speaker of an assembly, federal minsters, ministers of state, governors, chief ministers, provincial ministers and advisors to the prime minister and the chief ministers, mayors/chairman/Nazim, their deputies. AND WHEREAS, the August supreme court has held in plethora of judgments that Constitution is superior law and other laws are subservient to the Constitution and in case of any conflict between the two, the Constitutional provision(s) shall have overriding effect. "AND WHEREAS, the three connotations honestly, justly and fairly have fen elaborately interpreted by the Supreme Court in the worker's party case supra and has held that the Commission is under constitutional obligation to fulfil! its duty to achieve the standards of honesty justness and fairness and that corrupt practices are guarded against. The august court while referring to AlJehad Trust Case reported in PLD 1997 SC page 84 while commenting on the important role of the Election Commission observed that by fulfiling its mandated duties and responsibilities, the Election Commission essentially gives birth to a body/insttution of the nation, called the parliament. It further held that effective fulfilment and honest discharge of this tremendous responsibility would lend greater legitimacy to an elected democratic government and give effect to the constitutional mandate. It is therefore imperative that the Election Commission employs its extensive powers to regulate the election process. It says that any short fal in the discharge of its responsibilities would violate express dictates of the constitution; devastate the efficacy of our constitutional order and the envisioned operation of the state. “gti Scanned with CamScanner~ ae obligation of the Election Commission to ices. The august Supreme Court of Pakistan in (Workers party case) held that; woh js AND WHEREAS, It is the con guard against corrupt prac judgments mentioned supra “The Constituti Bint aatenee [eae scorer mechanism 10 ensure ie rom these dictates It identifies and regulates an° © *y aspects of the democracy, the election process. In Article 218, the Constitution constitutes the Election Commission ‘nd empowers it to organize and oversee the election process and to ensure, alia, is conducted “honesty, justly aly and in accordance with ow 2nd corrupt practices are guarded against. The Election Commission is also trpowered to take pre-emptive measures to ensure that the spirit of ecard ornser jures smdflonestVacl oa is fully observed. ” " back of the political parties and Je 218(3) of the Constitution read 7 and the judgement of the NOW THEREFORE, in view of the fee mandate of the Commission provided in Artic with Article 222, Section 233 of the Elections Act, 202 august supreme court in worker's party case reported in PLD 2012 SC 681, the Commission is ofthe considered view thatthe newly inserted section 181 ~A fs in direct conflict with the provisions of the section 233 and has direct impact on the transparency ofthe elections and negates the Very concept of level playing field. ‘The Commission therefore, amends clause 16 of the code of conduct as below; members national assembly, provincial assemblies, senate and local government are allowed to participate in the election campaign. They will strictly abide by the code of conduct, retions, instructions and regulations issued by the election cretrission of Pakistan and violations thereof shall ental legal Consequences including contempt proceedings as contemplated in Section 10 of the Elections Act, 2017. 4. The parliamentarians fe. 2, The public office holders including president, prime minister, chairman/deputy chairman senate, speaker/deputy speaker of aaa Scanned with CamScanner2m é assembly, fede; . ministers, cern Minsters, ministers of state, governors, the chief minist. ministers and advisors to the prime minister 2nd participate i fers, mayors/chairman/Nazim, their deputies, shall not pate in any manner whatsoever. chief By Orders of the Hon'ble Election Commission. NY nave y 2 PN \ SIKANDAR SULTAN RAJA Wd CHairman Lor san mUHAXANTAD JaTO! NJSARAHMED DURRANI exiember |» Member *. Scanned with CamScanner. mate fin). Noss a OFFICE OF THE 1e w Pe. @ DISTRICT MONITORING OFFICER ernie LOWER DIR 'No.F.1(4)/2022-LGE(Phase-lI/DMO-L.D Opposit mplex, Balambat. 44 March, 2022 Subject- NOTICE UNDER SECTION-234 OF THE ELCTIONS ACT, 2017. WHEREAS, the Election Commission of Pakistan is mandated in terms of Article 140-A(2), 218(3) and 219(d) of the Constitution of Islamic Republic of Pakistan, 1973 to organize and hold Local Government Elections, AND WHEREAS Section 233 of the Elections Act, 2017 enunciates that the Commission shall in consultation with the Political Parties frame a code of ‘conduct for Political Parties, Contesting candidates, election agents, security personnel, media and election observers. AND WHEREAS, Section 234 further empowers the Commission to constitute monitoring teams consisting of such persons as may be determined by it to monitor every such activity having directly or indirectly implications on the conduct of elections and to take cognizance on the violation of the code of conduct and directions of the Hon'ble Election Commission of Pakistan AND WHEREAS, the Election Commission has constituted monitoring teams for all the seven tehsils of District Lower Dir and also nominated the undersigned as District Monitoring Officer, Lower Dir. AND WHEREAS, the revised code of conduct abstains the Public Office holder not to participate in any election campaign or canvass in any local council or announce any developmental scheme after issuance of election schedule. Since schedule for the Local Government Elections- 2022 (Phase-ll) had been announced by the Hon'ble Commission and despite of these legal provisions, you have participated in a Jalsa/ Public Gathering at Tehsil Balambat District Lower Dir and also utlized state machinery which is sheer violation of the Revised Code of Conduct and directives of Hon'ble Election Commission, hence warrant interference under Section-234 of the Elections Act, 2017. AND WHEREAS, sufficient evidence is available to establish that you have violated the provisions of revised code of conduct, Elections Act, 2017 and Rules made thereunder. NOW THEREFORE, you are required to appear in person or through Counsel, before the undersigned, along with written statement on 14th March, 2022 at 11:00AM. . Scanned with CamScanner“in cas @ of your failure to submit written defence or falled to api fore the . in person or thro ned, ugh council 7 Section-234 of the Elections Act, 2017 i, an ex-parile decision would/be taken under (HAMIDULLAH) District Monitoring Otficer Lower Dir Mr, Asad Umer, Federal Minister, Ministry of Planning Development & Special Init ti h Islamic Republic of Pakistan, ane Copy forwarded for information & necessary action to the; Pakistan, Islamabad Secigtary, Election Commission of Khyber Pakhtunkhwa Peshawar. Provincial Election Commissioner, Speaker, National Assembly: PbO to Chief Secretary, Khyber Pakhtunkhwa, Peshawar Regional Election Commissioner, Malakand Division, Swat Commissioner, Malakand Division Regional Police Officer, Malakand Division. | District Returning Officer, Lower Dir. v Deputy Commissioner, Lower Dit. 40. District Election Commission, Lower Dir. 41.All Monitoring Teams for LGE-2022, CONBARens (HAMIQULLSH) District Monitoring Officer Lower Dir Scanned with CamScanner